Poitras East Community Development District
12051 Corporate Boulevard, Orlando, FL 32817; Phone: 407-723-5900 http://poitraseastcdd.com/

The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Poitras East Community Development District (“District”), scheduled to be held at 4:00 p.m. on Tuesday, November 10, 2020 at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

Please use the following information to join via the computer or the conference line:

Phone: 1-844-621-3956	Computer: pfmgroup.webex.com	Participant Code: 796 580 192#

BOARD OF SUPERVISORS’ MEETING AGENDA

Organizational Matters
Roll Call to Confirm Quorum
Public Comment Period
Swearing in Newly Elected Board Members
Consideration of the Minutes of the October 20, 2020 Board of Supervisors’ Meeting
Consideration of the Minutes of the November 3, 2020 Landowners’ Election Meeting
Consideration of Resolution 2021-01, Canvassing and Certifying the Results of the Landowners’ Election
Consideration of Resolution 2021-02, Election of Officers

Business Matters
Consideration of Resolution 2021-03, Adopting an Amended Budget for FY 2020
Consideration of Appraisal Report by The Appraisal Group of Central Florida, Inc.
Consideration of FY 2020 Audit Engagement Letter
Consideration of Agreement with City of Orlando for Alley Ways (Parcel N3) (provided under separate cover)
Ratification of Payment Authorization Nos. 84 – 85
Recommendation of Work Authorization/Proposed Services (if applicable)
Review of District’s Financial Position and Budget to Actual YTD

Other Business
Staff Reports
District Counsel
District Manager
District Engineer
Construction Supervisor
Supervisor Requests

Adjournment

Oath of Office

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT

BOARD OF SUPERVISORS OATH OF OFFICE

I, 	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA.

Board Supervisor

ACKNOWLEDGMENT OF OATH BEING TAKEN

STATE OF FLORIDA COUNTY OF ORANGE

The  foregoing  oath  was  administered  before  me  this          day of 	, 2020, by 	, who personally appeared before me, and is personally known to me or has produced 		as identification, and is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of Poitras East Community Development District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

(NOTARY SEAL)

Notary Public, State of Florida

Print Name:  	

Commission No.: 	Expires:  	

Minutes of the October 20, 2020 Board of Supervisors’ Meeting

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS’ MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors’ Meeting for the Poitras East Community Development District was called to order on Tuesday, October 20, 2020, at 4:24 p.m. via telephonic conferencing due to the COVID-19 Executive Orders 20- 246.

Present via Speakerphone:

Richard Levey	Chairperson
Brent Schademan	Assistant Secretary
Julie Salvo	Assistant Secretary
Frank Paris	Assistant Secretary Also, attending via phone:
Jennifer Walden	PFM
Lynne Mullins	PFM
Kevin Plenzler	PFM
Tucker Mackie	Hopping Green & Sams
Deborah Sier	Hopping Green & Sams
Jeff Newton	Donald W. McIntosh Associates, Inc.
Larry Kaufmann	Construction Supervisor & Construction Committee Member
Dan Byrnes	Tavistock
Ralph Ireland	Tavistock

SECOND ORDER OF BUSINESS	Public Comment Period

Dr. Levey asked for any public comments. There were no comments at this time.

THIRD ORDER OF BUSINESS		Discussion Regarding Executive Order 20-246

Ms. Walden stated the Executive Order is included in the packet which states that the District is able to hold their meetings via telephonic conferencing due to the COVID-19 situation. Also included is a proof of the ad that notes the Executive Order as well as the telephonic conferencing information so the public can join.

Ms. Mackie added it is likely the Executive Order will not be extended past October 31, 2020, and the District will more than likely have to meet in a physical location for the November Meeting and District staff secured the Courtyard Marriott next to Tavistock offices for that meeting.

FOURTH ORDER OF BUSINESS	Consideration of the Minutes of the September 21, 2020, Board of Supervisors’ Meeting

Board Members reviewed the minutes from the September 21, 2020, Board of Supervisors’ Meeting.

On Motion by Mr. Paris, second by Ms. Salvo, with all in favor, the Board of Supervisors for the Poitras East Community Development District approved the Minutes of the September 21, 2020, Board of Supervisors Meeting.

FIFTH ORDER OF BUSINESS		Matters Pertaining to Local Alternative Mobility Network (“LAMN”)
Presentation Regarding LAMN
Presentation of Preliminary Operation and Maintenance Assessment	Methodology Report
Interlocal Agreement Among the Boggy Creek Improvement District, the
Myrtle Creek Improvement District, the Greeneway Improvement District and the Poitras
East Community Development District Regarding Maintenance of the Greenlink
Improvements within the Local Alternative Mobility Network

Mr. Ireland presented information regarding the LAMN (Minutes Exhibit A). Lake Nona and the four Districts are benefited by a $20,000,0000.00 Federal Grant that was awarded to Orange County and will help support development of a Local Alternative Mobility Network to benefit all of Lake Nona.

Mr. Plenzler presented the Preliminary Operation and Maintenance Assessment Methodology Report. Dr. Levey requested a motion to approve the Preliminary O&M Assessment Methodology Report.

On Motion by Mr. Schademan, second by Mr. Paris, with all in favor, the Board of Supervisors for the Poitras East Community Development District approved the Preliminary Operations and Maintenance Assessment Methodology Report.

Myrtle Creek Improvement District, the Greeneway Improvement District and the Poitras East Community Development District Regarding maintenance of the Greenlink Improvements within the Local Alternative Mobility Network.

On Motion by Mr. Schademan, second by Mr. Paris, with all in favor, the Board of Supervisors for the Poitras East Community Development District approved the Interlocal Agreement Among the Boggy Creek Improvement District, the Myrtle Creek Improvement District, the Greeneway Improvement District and the Poitras East Community Development District Regarding Maintenance of the Greenlink Improvements within the Local Alternative Mobility Network.

SIXTH ORDER OF BUSINESS		Matters Pertaining to District Construction
a) Authorization to Bid for Infrastructure Phase 1C and Street A & Lift Station C

Mr. Newton requested permission to advertise the Infrastructure Phase 1C and Street A & Lift Station C projects for bid because the end of the permitting process is drawing near and in order to get these under construction, the projects must be advertised for bid by the District’s prequalified list of Contractors. Funding is available in the District’s Capital Program. Dr. Levey requested a motion from the board to authorize bidding for Infrastructure Phase 1C and Street A & Lift Station C.

On Motion by Mr. Schademan, second by Mr. Paris, with all in favor, the Board of Supervisors for the Poitras East Community Development District authorized to bid for Infrastructure Phase 1C and Street A & Lift Station C.

SEVENTH ORDER OF BUSINESS	Consideration  of  Acquisition	of Luminary Blvd. Phase 1A

Ms. Mackie stated at the August meeting the Board approved the acquisition of right-of-way for Phase 1A of Luminary Blvd. at a not to exceed amount of $85,000.00 per acre or a total amount not to exceed $300,000.00, subject to the District’s receipt of an appraisal. The District received a preliminary draft of the appraisal and are working with The Appraisal Group of Florida to review some changes suggested by District Staff in conjunction with the methodology used in that appraisal and it will be brought back to the Board for ratification but it is expected the appraisal received will be in line with the $85,000.00 per acre previously approved by the Board. The acquisition of Luminary Blvd. Phase 1A is slated for the first part of November and Ms. Mackie is working with Developer’s Counsel in conjunction with the closing statement and the typical closing documents . The documents included in the agenda package today relate to the District’s operation of certain sewer utilities and reclaim utilities that run perpendicular to Luminary Blvd. Phase 1A and are necessary to secure in conjunction with the acquisition of the right-of-way as some of it will be on the plat that dedicates Phase 1A to the City, who is the ultimate owner of the right-of-way long term. Ms. Mackie reviewed several of the easements. Dr. Levey requested a motion to approve the easements as presented in conjunction with the acquisition of Luminary Blvd. Phase 1A.

On Motion by Mr. Schademan, second by Ms. Salvo, with all in favor, the Board of Supervisors for the Poitras East Community Development District approved the easements as presented in conjunction with the acquisition of Luminary Blvd. Phase 1A.

EIGHTH ORDER OF BUSINESS		Consideration of FY 2020 Audit Engagement Letter

District staff is still working with the Auditor to finalize the agreement so this item will be tabled until next month.

NINTH ORDER OF BUSINESS	Consideration of Agreement with City of Orlando for Alley Ways (Parcel N3)

Ms. Mackie explained this item needs to be tabled as it is still in development.

TENTH ORDER OF BUSINESS	Ratification	of	Payment Authorization Nos. 079 – 083

Dr. Levey noted these have been approved and paid and just need to be ratified by the Board.

On Motion by Mr. Paris, second by Mr. Schademan, with all in favor, the Board of Supervisors for the Poitras East Community Development District ratified Payment Authorization Nos. 079 – 083.

ELEVENTH ORDER OF BUSINESS	Recommendation	of	Work Authorization/Proposed Services

Mr. Kaufmann noted there are none for this District.

TWELFTH ORDER OF BUSINESS		Review	of	District’s	Financial Position and Budget to Actual YTD

The Board reviewed the financials through the end of September. The District has had total expenses of just over
$99,500.00 vs. an overall budget of $182,500.00. No action is required by the Board. The District has up to 60 days past the end of the Fiscal Year to incur expenses. So the District will have more updated numbers next month and will also need to adopt a revised budget for Fiscal Year 2020.

THIRTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel –	No Report

District Manager –	Ms. Walden noted the next meeting will the second Tuesday of the month, which is November 10, 2020, at 4:00 p.m. and will be held in person at the Courtyard Orlando Lake Nona.

District Engineer –	Mr. Newton provided the Construction Status Memo (Exhibit B) and stated nothing that is under construction right now is an active District project. They are both Developer projects that the District will be acquiring in the future but there is no action required by the Board.

Construction Supervisor –	No Report

FOURTEENTH ORDER OF BUSINESS	Supervisor and Audience Comments & Adjournment

There were no Supervisor requests or audience comments. Dr. Levey requested a motion to adjourn.

On Motion by Mr. Paris, second by Mr. Schademan, with all in favor, the October 20, 2020, meeting of the Board of Supervisors for the Poitras East Community Development District was adjourned.

Secretary/Assistant Secretary	Chair/Vice Chair

EXHIBIT A

LOCAL 
ALTERNATIVE MOBILITY 
NETWORK 

1

1

LAMN	Over view 
Lake Nona will be home to a first of its kind, robust Local Alternative Mobility Network (LAMN). The LAMN will tie into existing and future infrastructure and integrate multi-modal systems into a rapidly developing urban fabric.	Accommodating pedestrians, cyclists (both casual and commuter), electric assist personal vehicles, and a fleet of autonomous vehicles (AV), the project will both modify existing and create new infrastructure consisting of multi-use corridors, dedicated commuter ways, mobility hubs, and AV support infrastructure.	The LAMN will reduce automobile dependency and better connect residents, visitors, and students to employment, medical facilities, essential services, retail, education, and entertainment.

The LAMN will be at a scale and level of thoughtfulness that does not exist in any other  privately developed community and is only possible with the funding of key components such as the multimodal bridge over Lake Nona Blvd, the AV Shuttle Car Barn, and the Mobility Hub, in addition to a variety of new and upgraded infrastructure.

PRIMARY	COMPONENTS 

MOBILITY NETWORK

GREENLINK

GREENLINK BRIDGE

CAR BARN

MOBILITY HUB

Infrastructure and amenities required for AV fleet, bicycles and other micro- mobility personal vehicles, and pedestrians
Currently in schematic design

A linear mobility park that replaces a traditional vehicular roadway with a water conveyance system
Connects the mixed-use district with Town Center and Village Center
Currently in pre- construction

Dedicated AV, bicycle, & pedestrian bridge crossing Lake Nona Blvd
Connects Town Center with the Greenlink
Currently in concept design

Storage, training course, and maintenance for the AV fleet
Schematic design complete

Facility for recreational and commuters for all modes of personal micro- mobility transportation
Located in Town Center
Currently in concept design

4

MICRO MO BIL ITY	N ETWO RK 
MICROMOBILITY NETWORK
Nearly 5 miles of dedicated micromobility commuter lanes
Enhancement of 25 miles of on- street dedicated bicycle lanes
6 additional miles of multi-use trails

D R I  V E	T I M E S
Orlando International Airport Downtown Orlando
Area Theme Parks Atlantic Coast Beaches Tampa
Gainesville Jacksonville Naples
Miami Tallahassee

PRO PO SED	AV	SH U TTLE	N ETWO R K

AV NETWORK
15.5 miles of shared right-of- way routes
Nearly 2 miles of dedicated AV shuttle lanes
Flexibility for future route changes and expansion

AV SHUTTLE STOPS W/ SHELTER
Of the 25 AV stops, 2 will be dedicated w/ shelter

RECOVERY ZONES
9 total planned Recovery Zones

COMBINED RECOVERY ZONES W/ AV STOPS
Of the 9 Recovery Zones, 2 will be combined with AV stops

Over 9000 LF linear park and mobility network
Includes dedicated micromobility commuter way and pedestrian paths
Introduces 9,000 LF of dedicated AV lanes:
4,500 LF E-W along the Greenlink to the Mobility Hub
4,500 LF N-S Lakeside Extension

G REEN LIN K	BRIDG E
Extends Greenlink approximately 700 LF, including a 200-foot span over LN Blvd into the Town Center

Provides a safe option for AV, pedestrian, and micro- mobility users to cross Lake Nona Blvd
Improves AV Shuttle route times
Substantially reduces at-grade conflicts on Lake Nona Boulevard

C A R	BA R N	(non - C D D )

9,600 SF conditioned space
10 interior & 10 outdoor AV charging stations
4 interior maintenance bays
Programming and calibration course

Mobility Hub

MO BILITY	H U B	(no n - CDD) 
Approx. 4,000 SF micro-mobility user services center
Connects different modes of transportation and serves as a town center AV stop
Serves micro-mobility users such as office commuters as well as visitors to Lake Nona
Includes limited access restrooms, showers, short and long term bicycle and micro- mobility storage, system wayfinding information, repair services, charging stations, and a small mobility retail opportunity

EXHIBIT B

Poitras East Community Development District

Minutes of the November 3, 2020 Landowners’ Election Meeting

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT
LANDOWNER’S MEETING MINUTES

The Landowners Election of the Poitras East Community Development District was held on Tuesday, November 3, 2020 at 11:01 a.m. at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL 32827.

Lynne Mullins	Proxy Holder		
Deb Sier	Hopping Green & Sams, P.A.	(via phone)	
Tucker Mackie	Hopping Green & Sams, P.A.	(via phone)	

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 11:01 a.m.

SECOND ORDER OF BUSINESS	Appointment	of	Meeting Chairman

Ms. Mullins, an employee of the District Management’s office, served as Chairman of the meeting.

THIRD ORDER OF BUSINESS	Identification	of	
	Landowners	and/or	
	Landowner’s	Proxy	
	Holder(s)		

Ms. Mullins stated she is the proxy holder for TDCP which owns 981.92 acres total which allows for 982 votes.

FOURTH ORDER OF BUSINESS	Call	for	Nominations, Election of Supervisors

Ms. Mullins cast her votes as per the Official Ballot:

Seat 3 – Julie Salvo– 981 votes
Seat 4 – Rob Adams – 982 votes
Seat 5 – Frank Paris – 980 votes

Ms. Mullins stated Ms. Salvo and Mr. Adams, will each serve a four-year term and Mr. Paris, will serve a two-year term.

FIFTH ORDER OF BUSINESS	Adjournment

The Landowner’s Election was adjourned.

Secretary/Assistant Secretary	Chair/Vice Chair

Poitras East Community Development District

Resolution 2021-01,
Canvassing and Certifying the Results of the Landowners’ Election

RESOLUTION 2021-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Poitras East Community Development District (hereinafter the “District”), is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Orange County, Florida; and

WHEREAS, pursuant to Section 190.006(2), Florida Statutes, a landowners’ meeting is required to be held within 90 days of the District’s creation and every two years following the creation of the District for the purpose of electing supervisors of the District; and

WHEREAS, such landowners’ meeting was held on November 3, 2020, the Minutes of which are attached hereto as Exhibit A, and at which the below recited persons were duly elected by virtue of the votes cast in his/her favor; and

WHEREAS, the Board of Supervisors of the District, by means of this Resolution, desire to canvas the votes and declare and certify the results of said election.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT:

Section 1. The following person is found, certified, and declared to have been duly elected as Supervisor of and for the District, having been elected by the votes cast in their favor as shown:

Seat 3 – Julie Salvo	Votes - 981

Seat 4 – Rob Adams	Votes - 982

Seat 5 – Frank Paris	Votes - 980

Section 2. In accordance with Section 190.006(2), Florida Statutes, and by virtue of the number of votes cast for the Supervisor, the above-named person is declared to have been elected for the following term of office:

Julie Salvo	4 Year Term

Rob Adams	4 Year Term

Frank Paris	2 Year Term

Section 3. This resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 10th DAY OF NOVEMBER, 2020.

Attest:	POITRAS EAST COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman

EXHIBIT A

POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT
LANDOWNER’S MEETING MINUTES

The Landowners Election of the Poitras East Community Development District was held on Tuesday, November 3, 2020 at 11:01 a.m. at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL 32827.

Lynne Mullins	Proxy Holder		
Deb Sier	Hopping Green & Sams, P.A.	(via phone)	
Tucker Mackie	Hopping Green & Sams, P.A.	(via phone)	

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 11:01 a.m.

SECOND ORDER OF BUSINESS	Appointment	of	Meeting Chairman

Ms. Mullins, an employee of the District Management’s office, served as Chairman of the meeting.

THIRD ORDER OF BUSINESS	Identification	of	
	Landowners	and/or	
	Landowner’s	Proxy	
	Holder(s)		

Ms. Mullins stated she is the proxy holder for TDCP which owns 981.92 acres total which allows for 982 votes.

FOURTH ORDER OF BUSINESS	Call	for	Nominations, Election of Supervisors

Ms. Mullins cast her votes as per the Official Ballot:

Seat 3 – Julie Salvo– 981 votes
Seat 4 – Rob Adams – 982 votes
Seat 5 – Frank Paris – 980 votes

Ms. Mullins stated Ms. Salvo and Mr. Adams, will each serve a four-year term and Mr. Paris, will serve a two-year term.

FIFTH ORDER OF BUSINESS	Adjournment

The Landowner’s Election was adjourned.

Secretary/Assistant Secretary	Chair/Vice Chair

Poitras East Community Development District

Resolution 2021-02, Election of Officers

RESOLUTION 2021-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT
(hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District desires to elect the Officers of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT:

Section 1.	 	is elected Chair.

Section 2.	 	is elected Vice Chair. Section 3.	 	is elected Secretary.
 	 is elected Assistant Secretary.

 	 is elected Assistant Secretary.

 	 is elected Assistant Secretary.

 	 is elected Assistant Secretary.

Section 4.	 	is elected Treasurer.

Section 5.	 	is elected as Assistant Treasurer.

Section 6.	All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Section 7.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 10th DAY OF NOVEMBER, 2020.

ATTEST:	POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chair/Vice-Chair

Poitras East Community Development District

Resolution 2021-03,
Adopting an Amended Budget for FY 2020

RESOLUTION 2021-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT ADOPTING AN AMENDED GENERAL FUND BUDGET FOR FISCAL YEAR 2019/2020, PROVIDING FOR APPROPRIATIONS; ADDRESSING CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on August 20, 2019, the Board of Supervisors of the Poitras East Community Development District (“Board”), adopted Resolution 2019-13 providing for the adoption of the District’s Fiscal Year 2019/2020 annual budget (“Budget”); and

WHEREAS, the District Manager, at the direction of the Board, has prepared an amended Budget, to reflect changes in the actual appropriations of the Budget; and

WHEREAS, Chapters 189 and 190, Florida Statutes, and Section 3 of Resolution 2019-13 authorize the Board to amend the Budget within sixty (60) days following the end of the Fiscal Year 2019/2020; and

WHEREAS, the Board finds that it is in the best interest of the District and its landowners to amend the Budget to reflect the actual appropriations; and

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT:

BUDGET AMENDMENT.

The Board has reviewed the District Manager’s proposed amended Budget, copies of which are on file with the office of the District Manager and at the District’s Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.

The amended Budget attached hereto as Exhibit A and incorporated herein by reference as further amended by the Board is hereby adopted in accordance with the provisions of sections 190.008(2)(a) and 189.016(6), Florida Statutes; provided, however, that the comparative figures contained in the amended Budget as adopted by the Board (together, “Adopted Annual Budget”) may be further revised as deemed necessary by the District Manager to further reflect actual revenues and expenditures for Fiscal Year 2019/2020.

The Adopted Annual Budget shall be maintained in the office of the District Manager and the District Records Office and identified as “The Adopted Budget for the Boggy Creek Improvement District for the fiscal year ending September 30, 2020, as amended and adopted by the Board of Supervisors effective November 10, 2020.”

APPROPRIATIONS. There is hereby appropriated out of the revenues of the Poitras East Community Development District, the fiscal year beginning October 1, 2019, and ending September 30, 2020, the sums set forth below, to be raised by special assessments, which sums are deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND	$

DEBT SERVICE FUND	$

TOTAL ALL FUNDS	$

CONFLICTS. This Resolution is intended to amend, in part, Resolution 2019-13, which remains in full force and effect except as otherwise provided herein. All terms of Resolution 2019-13 that are not amended by this Resolution apply to the Adopted Annual Budget as if those terms were fully set forth herein. All District resolutions or parts thereof in actual conflict with this Resolution are, to the extent of such conflict, superseded and repealed.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

EFFECTIVE DATE. This Resolution shall take effect as of November 10,
2020.

Introduced, considered favorably, and adopted this 10th day of November, 2020.

ATTEST:	POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A
Amended Fiscal Year 2019/2020 Budget

Poitras East CDD
Revised FY 2020 O&M Budget

Actuals Through 09/30/2020

FY 2020
Adopted Budget

Revised FY 2020 Budget

Increase / (Decrease)

Revenues

Developer Contributions - District	$	115,000.00	$ 182,550.00	$ 182,550.00	$	-	
Developer Contributions - LAMN Revenue	11,069.26	-	-	-	
Net Revenues	$	126,069.26		$ 182,550.00		$ 182,550.00		$	-	

General & Administrative Expenses

Supervisor Fees	$	3,200.00	$	4,800.00	$	4,800.00	$	-	
D&O Insurance	2,306.00	2,500.00	2,500.00	-	
Trustee Services	-	6,000.00	6,000.00	-	
Management	35,000.00	35,000.00	35,000.00	-	
Engineering - District	4,241.98	12,000.00	12,000.00	-	
Engineering - LAMN Expenses	11,380.00	-	-		
Dissemination Agent	-	5,000.00	5,000.00	-	
District Counsel - District	23,459.28	25,000.00	25,000.00	-	
District Counsel - LAMN Expenses	2,332.76	-	-	-	
Assessment Administration	-		7,500.00		7,500.00		-	
Reamortization Schedule	-		500.00		500.00		-	
Audit	3,000.00		6,000.00		6,000.00		-	
Travel and Per Diem	-		500.00		500.00		-	
Telephone	-		100.00		100.00		-	
Postage & Shipping	76.50		100.00		100.00		-	
Copies	-		100.00		100.00		-	
Legal Advertising	12,360.97		8,000.00		12,360.97		4,360.97	
Miscellaneous	-		8,525.00		8,525.00		-	
Web Site Maintenance	2,100.00		2,700.00		2,700.00		-	
Dues, Licenses, and Fees	175.00		175.00		175.00		-	
General Insurance	2,819.00		3,050.00		3,050.00		-	
Landscaping Maintenance & Material	-		55,000.00		50,639.03		(4,360.97)	
Total General & Administrative Expenses	$	102,451.49		$ 182,550.00		$ 182,550.00		$	-	

Total Expenses

  $	102,451.49 

  $ 182,550.00 

  $ 182,550.00 

  $	-	

   

Net Income (Loss)

$	23,617.77	$	-	$

-	$	-

   

Poitras East Community Development District

Appraisal Report by
The Appraisal Group of Central Florida, Inc.

APPRAISAL REPORT OF

THE POITRAS EAST PROPERTY CONTAINING
±1,005.11 ACRES,

LOCATED AT THE NORTHWEST QUADRANT OF NARCOOSSEE ROAD AND BOGGY CREEK ROAD, NEAR THE LAKE NONA PLANNED DEVELOPMENT
IN THE CITY OF ORLANDO, ORANGE COUNTY, AND UNICORPORATED OSCEOLA COUNTY, FLORIDA

WITH A PROPERTY ADDRESS OF

AT 13870 NARCOOSSEE ROAD ORLANDO, FLORIDA 32827

DATE OF VALUATION: SEPTEMBER 17, 2020

DATE OF REPORT: SEPTEMBER 23, 2020

PREPARED FOR:	PREPARED BY:
Poitras East Community Development District	Richard K. MacMillan, MAI, Pres. C/O Board of Supervisors	State-Certified General Real Estate 6900 Tavistock Lakes Boulevard, Suite #200		Appraiser #RZ353
Orlando, Florida 32827	THE APPRAISAL GROUP OF CENTRAL FLORIDA, INC.
378 CenterPointe Circle, Suite 1286 Altamonte Springs, Florida 32701

THE APPRAISAL GROUP OF CENTRAL FLORIDA, INC.
Real Estate Appraisers  Consultants
378 CenterPointe Circle  Suite 1286  Altamonte Springs, FL 32701 (407) 539-1288 FAX (407) 539-7004
Richard@tagcf.com

September 23, 2020

Poitras East Community Development District C/O Board of Supervisors
6900 Tavistock Lakes Boulevard, Suite #200
Orlando, Florida 32827

RE: Poitras East Property containing a total of ±1,005.11 acres is  located  at  the  northwest  quadrant of Narcoossee Road and Boggy Creek Road. The majority of the ±1,005.11 acre parent tract is located within the City of Orlando, in Orange County, Florida with a small portion of the subject containing 6.431 acres located within Osceola County. The property address is 13870 Narcoosee Road, Orlando, Florida 32827.

Dear Board of Supervisors:

In reference to your request, I have personally inspected and appraised the above parcel of the captioned project for the purposes of estimating the current market value of the unencumbered fee simple interest in the land known as Poitras East. The purpose of the appraisal report is to provide a per acre opinion of value for the Poitras East CDD (Community Development District), excluding the tract which has been sold to Pulte Homes. This appraisal is needed to establish a value for proposed right-of-way that will ultimately be sold to the CDD and ultimately dedicated to the City of Orlando.

The Poitras East CDD, excluding the Pulte property, contains 1,005.11 acres. It is our understanding that there is currently a PD in place that includes a mixed use development of single family, multifamily, commercial and institutional uses; however, the parent tract, which excludes the Pulte home portion is still vacant and has not been platted or subdivided. The Sales Comparison Approach for land only will be used to value the 1,005.11 acre parent tract based upon mixed use land transactions.

For the purposes of this analysis, market value is defined as the amount of money that a purchaser willing but not obligated to buy the property would pay an owner willing but not obligated to sell, taking into consideration all uses to which the property is adapted and might be applied in reason. Inherent in the willing buyer-willing seller test of the fair market value are the following:

A fair sale resulting from fair negotiations.
Neither party acting under compulsion of necessity (this eliminates forced liquidation or sale at auction). Economic pressure may be enough to preclude a sales use.
Both parties having knowledge of all relevant facts.
A sale without peculiar or special circumstances.
A reasonable time to find a buyer.

Page Two September 23, 2020

This appraisal report is intended to comply with the reporting requirements of the Uniform Standards of Professional Appraisal Practice.

According to Donald W. McIntosh Associates, Inc., the client’s engineering support team which assisted the appraiser with land size calculations for this appraisal, the land area of the Poitras East parent tract contains a total of ±1,005.11 acres, of which 663.14 acres are uplands and the remaining
341.97 acres are wetlands. A small portion of this ±1,005.11 acres containing 6.431 acres is located within Osceola County and the remaining property is located within Orange County. The scope of  the appraisal will provide a land value opinion of the parent tract. This appraisal format includes a value of the underlying land using the Sales Comparison Approach. There is no remainder analysis included. The appraisal is intended to comply with the reporting requirements of the Uniform Standards of Professional Appraisal Practice.

It is my considered opinion that the market value of the Poitras East parent tract containing
±1,005.11 acres, herein described as of September 17, 2020 was:

SEVENTY NINE MILLION FOUR HUNDRED FOUR THOUSAND AND NO/100 DOLLARS

($79,404,000)

Enclosed with the report is a complete description of the subject parent tract that includes photographs, sketches, and a land valuation analysis with comparable sales. Your attention is  directed to the Qualifying and Limiting Conditions included in this report.

Sincerely,

Richard K. MacMillan, MAI, President
State-Certified General Real Estate Appraiser #RZ353

CERTIFICATE OF VALUE

Project: Poitras East CDD
Property.: ±1,005.11 Ac Poitras East Parent Tract
I certify to the best of my knowledge and belief, that:
The statements of fact contained in this report are true and correct.

The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased, professional analyses, opinions, and conclusions.

I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved.

My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.

My analyses, opinions, or conclusions were developed and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice, and the provisions of Chapter 475, Part II, Florida Statutes.

I have made a personal inspection of the property that is the subject of this report. I have also made a personal field inspection of the comparable sales relied upon in making this appraisal. The subject and the comparable sales relied upon in making this appraisal were as represented by the photographs contained in this appraisal.

No persons other than those named herein provided significant professional assistance to the person signing this report.

I understand that the purpose of the appraisal report is to provide an opinion of value for the Poitras East CDD (Community Development District) land, excluding the tract which has been sold to Pulte Homes. This appraisal is needed to establish a value for proposed right-of-way that will ultimately be sold to the CDD and ultimately dedicated to the City of Orlando.

This appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to appraisal of right-of-way for transportation purposes; and, to the best of my knowledge, no portion of the property value entered on this certificate consists of items which are noncompensable under the established law of the State of Florida.

I have not revealed the findings or results of this appraisal to anyone other than client and I will not do so until so authorized by the client, or until I am required by due process of law, or until I am released from this obligation by having publicly testified as to such findings.

Regardless of any stated limiting condition or assumption, I acknowledge that this appraisal report and all maps, data, summaries, charts and other exhibits collected or prepared under this agreement shall become the property of the client without restriction or limitation on their use.

Statements supplemental to this certification required by membership or candidacy in a professional appraisal organization are described on an addendum to this certificate and, by reference, are made a part hereof.

I have performed no other services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.

Based upon my independent appraisal and the exercise of my professional judgment, my opinion of the market value for property appraised as of the 17th day of September 2020, is: $ 79,404,000	.

Market value should be allocated as follows:

LAND	$ 	79,404,000		LAND AREA:	(Ac/SF) ±1,005.11 AC	
IMPROVEMENTS	$ 	0		LAND USE:	Mixed Use Land	

TOTAL	$ 	79,404,000	

September 23, 2020			 	 DATE		APPRAISER
Richard K. MacMillan, MAI, President
State-Certified General Real Estate Appraiser RZ 353

SUPPLEMENT TO CERTIFICATE OF VALUE

Professional Assistance

Thomas A. Riddle, MAI, State-Certified General Appraiser, #RZ1451 provided significant professional assistance including sales research, area data compilation and preparation of comparable sales information. Mr. Riddle also provided further assistance in the report writing of this appraisal.

The appraiser has relied upon a parent tract land size that was calculated by Donald W. McIntosh Associates, Inc., the client’s engineering support team.

Additional Certification

I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute.

I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

As of the date of this report, I, Richard K. MacMillan, MAI, have completed the requirements of the continuing education program of the Appraisal Institute.

This appraisal report will consider the underlying land value for the subject property only. Competency Provision
The appraiser has the knowledge and expertise for this appraisal assignment. Richard K. MacMillan has been providing eminent domain appraisal assignments for over 35 years, including numerous commercial and residential properties.

September 23, 2020
Richard K. MacMillan, MAI	Date
State-Certified General Real Estate Appraiser #RZ353

110	TABLE OF CONTENTS

Letter of Transmittal Certification of Valuation Table of Contents
Page #
115	QUALIFYING AND LIMITING CONDITIONS	1
120	SUMMARY OF SALIENT FACTS AND CONCLUSIONS	3
130	TYPE OF APPRAISAL AND REPORT FORMAT	3
140	PURPOSE, INTENDED USE AND INTENDED USER OF THE APPRAISAL	4
150	DEFINITION OF MARKET VALUE	4
160	PROPERTY RIGHTS (INTEREST) APPRAISED	4
175	SCOPE (EXTENT OF PROCESS OF COLLECTING, CONFIRMING AND REPORTING DATA)	4
180	APPRAISAL PROBLEM	5
200	IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION	5
220	DESCRIPTION OF AREA AND NEIGHBORHOOD	6
230	DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES	9
235	EXISTING TRANSPORTATION FACILITY DESCRIPTION	21
240	ZONING, LAND USE PLAN, CONCURRENCY	21
250	ASSESSED VALUE, TAXES AND SPECIAL ASSESSMENTS	24
260	HISTORY OF PROPERTY	24
270	EXPOSURE TIME	25
280	PUBLIC AND PRIVATE RESTRICTIONS	25
300	HIGHEST AND BEST USE ANALYSIS	25
302	HIGHEST AND BEST USE CONCLUSION	26
305	APPROACHES TO VALUE USED AND EXCLUDED	26
310	ESTIMATE OF PARENT TRACT LAND VALUE	27
355	INDICATED VALUE BY SALES COMPARISON APPROACH	33
390	RECONCILIATION OF VALUE INDICATIONS AND
FINAL VALUE ESTIMATE	34

ADDENDA

Subject Zoning Ordinance Area Map
Area Map and Analysis Land Sale Location Map Land Sales Data Sheets Appraiser Qualifications

115	QUALIFYING AND LIMITING CONDITIONS

Legal Matters:

The legal description used here by the appraiser to identify the subject property is presumed to be correct but it has not been confirmed by survey. The appraiser assumes no responsibility for  such a survey, or for encroachments or overlapping or other discrepancies that might be revealed thereby. Sketches and plot plans in the report are to assist the reader to visualize the property  and are not to be assumed as surveys unless they are specifically identified as such.

The appraiser renders no opinion of a legal nature, such as to ownership of the property or condition of title. The title of the property is assumed to be marketable. Unless stated to the contrary, the property is appraised as an unencumbered fee that does not exist in violation of applicable ordinances, statutes, or other governmental regulations.

Unapparent Conditions:

The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or structural, which would render it more or less valuable than an otherwise apparently comparable property. The appraiser assumes no responsibility for such conditions or for engineering that might be required to discover such conditions.

Information and Data:

The information and data supplied to the appraiser by others, and considered in the valuation, are from sources believed to be reliable but no further responsibility is assumed for their accuracy.

The appraiser assumes that the subject property will be managed efficiently and maintained properly.

The appraiser considered all data of a conjectural nature such as the reasonable probability to rezone or to obtain variances.

Use of the Appraisal:

Disclosure of the contents of this report is governed by the By-Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communications, without the prior written consent and approval of the author.

All of the valuations in the report are applicable only under the stated program of highest and best use and are not necessarily applicable under other programs of use.

The distribution of the total valuation is applicable only as a part of the whole property. The  land value must not be used in conjunction with any other appraisal and is invalid if so used.

The appraiser is not required to give testimony or to appear in court by reason of this appraisal unless arrangements have previously been made with the undersigned appraiser.

120	SUMMARY OF SALIENT FACTS AND CONCLUSIONS Name(s) The Owner of Record –
The Poitras East parent tract containing 1,005.11 acres is under the following ownership names:
TDCP, LLC
Lake Nona Station, LLC
Lake Nona Station Property Owners’ Association, Inc.

Address of The Owner of Record
6900 Tavistock Lakes Boulevard, Suite 200
Orlando, Florida 32827-7099

Property Address – According to the Orange County Property Appraiser, the property address assigned to this vacant land is 13870 Narcoossee Road, Orlando, FL 32827.

Location Description – The property is located at the northwest quadrant of Narcoossee Road and Boggy Creek Road. The majority of the ±1,005.11 acre parent tract is located within the City of Orlando, in Orange County, Florida with a small portion of the subject containing 6.431 acres located within Osceola County.

Property Inspection Dates –September 17, 2020

Richard K. MacMillan, MAI and Thomas A. Riddle, MAI, inspected the property on September 17, 2020. The extent of the field inspection included a physical inspection  and photographing the parent tract.

Land Size - Parent Tract: ±1,005.11 Acres

Improvements – At the time of inspection, it appeared that a spine road from Narcoossee Road to be known as Luminary Boulevard was under construction; however, this appraisal is limited to the land only and any improvements will not be valued.

130	TYPE OF APPRAISAL AND REPORT FORMAT

For this analysis, we have prepared an appraisal report for valuing the underlying land only.

140	PURPOSE, INTENDED USE AND INTENDED USER OF THE APPRAISAL

The purpose of the appraisal is to estimate the market value of the unencumbered fee simple interest in the parent tract land, subject to the Qualifying and Limiting Conditions as discussed in Section 115 of this report. The appraisal report is to provide a per acre opinion of value for the Poitras East CDD (Community Development District), excluding the tract which has been sold to Pulte Homes.

The intended use of this appraisal establish a value for proposed right-of-way that will ultimately be sold to the CDD and subsequently dedicated to the City of Orlando. The intended user of this appraisal is our client and designated representatives.

150	DEFINITION OF MARKET VALUE

For the purposes of this analysis, market value is defined as the amount of money that a purchaser willing but not obligated to buy the property would pay an owner willing but not obligated to sell, taking into consideration all uses to which the property is adapted and might be applied in reason. Inherent in the willing buyer-willing seller test of the fair market value are the following:

A fair sale resulting from fair negotiations.
Neither party acting under compulsion of necessity (this eliminates forced liquidation or sale at auction). Economic pressure may be enough to preclude a sales use.
Both parties having knowledge of all relevant facts.
A sale without peculiar or special circumstances.
A reasonable time to find a buyer.

160	PROPERTY RIGHTS (INTEREST) APPRAISED

The property rights appraised are the unencumbered fee simple interest.

175	SCOPE (EXTENT OF PROCESS OF COLLECTING, CONFIRMING AND REPORTING DATA)

As mentioned, the subject is vacant land. For the purpose of this analysis, we have prepared an appraisal report in which we have valued the underlying land. We have utilized the Sales Comparison Approach for vacant land and have researched various comparable land sales which have occurred within the subject market area in Orange, Seminole, and Osceola County in order to estimate the land value of the subject.

These sales were verified with a least one knowledgeable party to the real estate sale transaction. All of the sales selected were considered to be the most comparable to the subject with respect to highest and best use, location, and size. A copy of the comparable land sales data is included in the Addenda section of this report.

180	APPRAISAL PROBLEM

As discussed, the parent tract contains ±1,005.11 acres. The Sales Comparison Approach for vacant land within the parent tract will be used to value the land and the appraisal will provide a value opinion of the parent tract. A remainder analysis will not be included.

200	IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION

Property Address – According to the Orange County Property Appraiser, the property address assigned to this vacant land is 13870 Narcoossee Road, Orlando, FL 32827.

Location Description – The property is located at the northwest quadrant of Narcoossee Road and Boggy Creek Road. The majority of the ±1,005.11 acre parent tract is located within the City of Orlando, in Orange County, Florida with a small portion of the subject containing 6.431 acres located within Osceola County.

Legal Description – A legal description of the parent tract was not provided. As stated, the property is located on the west side of Narcoossee Road and the north side of Boggy Creek Road in the City of Orlando in Orange County and in unincorporated Osceola County. The parent tract consists of 11 Orange County tax parcels and one Osceola tax parcel:

31-24-31-0000-00-001
31-24-31-7790-00-001
31-24-31-7790-01-000
31-24-31-7790-01-001
31-24-31-7790-01-002
31-24-31-7790-02-000
31-24-31-7790-02-001
32-24-31-7791-00-001
32-24-31-7791-01-000
32-24-31-7791-01-001
32-24-31-7791-02-000
01-25-30-0000-0022-0000 (Osceola County)

According to Donald W. McIntosh Associates, Inc., the client’s engineering support team who assisted the appraiser with land size calculations for this appraisal, the land area within the parent tract contains ±1,005.11 acres.

The reader is directed to the sketch provided within this report for a visual depiction of the subject parent tract.

220	DESCRIPTION OF AREA AND NEIGHBORHOOD

Area Analysis

The Area Analysis has been included in the addenda of this report.

Neighborhood Analysis

A neighborhood can be defined as a group of complementary land uses which can be an entire community or a portion of a larger community, for which there is a homogeneous grouping of inhabitants, buildings, or business enterprises. A large number of shared features may be reflected in a neighborhood including a similarity of economic level, cultural backgrounds, building types and styles, population characteristics, and governmental and zoning regulations that affect land use. Neighborhood boundaries may consist of well-defined natural or manmade barriers, or they may be defined by social, economic, and governmental forces which may cause a distinct change in land use or in the character of the inhabitants.

220	DESCRIPTION OF AREA AND NEIGHBORHOOD (Continued)

The complementary land uses that comprise neighborhoods typically evolve through stages known as the life cycle. These stages include development and growth, stability, transition, decline, and revitalization. These stages should be used as guides to market trends; however, there is no set life expectancy for a neighborhood, and the life cycle stages are not always sequential.
The subject neighborhood is located in the southern central portion of Orange County. The neighborhood encompasses areas within the City of Orlando and within unincorporated Orange County. It is bordered on the west by the Orange Blossom Trail, on the east by Moss Park Road and Lake Mary Jane, on the north by SR 528 (Beach Line Expressway) and on the south by the Osceola/Orange county line. Access to the neighborhood is good. Major roads include the Beach Line Expressway and SR 417 (the Central Florida Greeneway), two limited access right of ways that provide easy access to many parts of the Orlando metro area and beyond. Major north/south roads include Heintzelman Boulevard, Boggy Creek Road and Narcoossee Road. East/west roads include Landstreet Road, Taft Vineland Road, Wetherbee Road and Dowden Road.
One of the major influences in the neighborhood is the Orlando International Airport located just south of SR 528, in the northern portion of the neighborhood. Orlando International Airport is the busiest airport in Florida, the 10th-busiest in the US and the 29th-busiest in the world for domestic origin and destination travelers. There are about 50 million people that pass through its terminals each year.
The other major influence is the Lake Nona DRI , just north of the subject. Lake Nona is a 7,000-acre master planned community within the city limits of Orlando, southeast of the Orlando International Airport that is the home to world-class education, medical and recreational facilities, a medical city, diverse workspaces, retail centers, entertainment choices and residential options for people seeking with all the conveniences of living within a dynamic, vibrant community. Lake Nona is being developed by Lake Nona Property Holdings, owned by Tavistock Group, a private investment company with a broad portfolio of assets around the world.
The health and life sciences cluster of the planned community is Lake Nona's Medical City which is located on about 650 acres. Lake Nona Medical City is an emerging biomedical research and educational hub which includes the University of Central Florida College of Medicine and Health Sciences Campus (which includes the university's College of Medicine, Burnett School of Biomedical Sciences, UCF Cancer Research and Treatment Facility), the Orlando VA Medical Center, Nemours Children's Hospital and a University of Florida Research and Academic Center.

220	DESCRIPTION OF AREA AND NEIGHBORHOOD (Continued)

The Lake Nona Region is also home to Lake Nona Golf & Country Club and an array of retail centers, recreational facilities, educational facilities and residential options. Lake Nona is among the top-selling U.S. master-planned communities with millions of residential and commercial construction planned. There are over 16,000 residents, which is an increase of more than 40% since 2015. Most of the newcomers here are very affluent and in the upper middle class, settling for the proximity to Orlando's emerging Medical City in Lake Nona. The median age is 36 and 84% of the population has the minimum of a four year degree and 60% have a combined household income of over
$100,000. More than 500 families move to Lake Nona each year and the average home price is about $500,000. There are A-rated public schools and private schools within the community and there are three colleges and universities. These colleges and universities include Valencia College at Lake Nona, UCF Academic Health Sciences campus, and the UF Research & Academic Center and College of Pharmacy.
There is large amounts of residential and commercial planned and approved in the neighborhood. Given the neighborhood access and highway linkage and its approved planned developments, it is the appraiser’s opinion that real estate values in this area will at least remain stable over the next five years.

230	DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES DESCRIPTION OF PROPERTY
Property Type – Vacant Mixed Use Land

Existing Use – Vacant Land

Land Size -	Parent Tract:	±1,005.11 Acres

Shape –	Irregular, see attached sketch

Ingress/Egress – The property has frontage along the west side of Narcoossee Road, the north side of Boggy Creek Road and the south side of Laureate Boulevard, providing good ingress and egress to the property.

Topography – Based upon a the topography maps from the US Fish & Wildlife Services website it appears that the property is near road grade and generally level. The uplands are about 79 to 81 feet above mean sea level.

Flood Plain Data - According to the Flood Insurance Rate Map for Orange County, Florida, Community Panel Numbers 12095C0650G and 1295C0675G, dated June 20, 2018, the subject parent tract is located within Flood Zone X, which denotes areas of minimal flooding determined to be outside the 500-year flood plain and within Zones A and AE, areas inundated by 1% annual chance flooding. The reader is directed to the Flood Map provided in this report for a visual interpretation.

Soil Characteristics – According to the USDA Web Soil Survey, the subject has multiple underlying soil types. These include Archbold fine sand; Basinger fine sand; Immokalee fine sand; Ona fine sand; Pomello fine sand; St. Johns fine sand; Samsula- Hontoon-Basinger association; Sanibel muck; Smyrna-Smyna, wet, fine sand; and Myakka fine sand. The reader is directed to the Soil Map provided in this report for a visual interpretation.

Uplands/Wetlands – According to Donald W. McIntosh Associates, Inc., the client’s engineering support team who assisted the appraiser with land size calculations for this appraisal, of the parent tracts ±1,005.11 acres, 663.14 acres are uplands and the remaining 341.97 acres are wetlands.

Drainage – Based upon our field inspection the subject uplands appear to be adequately drained. In addition, some storm-water management ponds are present on the property.

230	DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (Continued)

Environmental Hazards - For this analysis we were not provided with any type of environmental survey or audit. The detection of any environmental hazards is beyond  our expertise. There were no signs of any above or underground storage tanks, nor were there any open or closed containers observed on the site at the time of our inspection, which could potentially contain hazardous materials.

Utilities Available – Electric, telephone, water and sewer service is available to the property.

Easements, Encroachments or Restrictions and their Effect or Limitations – No title work was provided for this assignment. There do not appear to be any encroachments, easements or restrictions on the property that would have an adverse influence on value. However, if title work is provided and there are any easements, encroachments or restrictions which affect the utility of the property, the appraiser reserves the right to revise the values, herein, if necessary.

Building(s) – There are no building improvements on the parent tract.

Other – At the time of the inspection, a portion of the northeast corner of the parent tract near the intersection of Narcoossee Road and Laureate Boulevard was under development. According to information from Jeffrey Newton P.E. with Donald W. McIntosh Associates, Inc., this portion of the parent tract property was being developed with Lake Nona Station and will consists of commercial and multifamily apartments. There were no building improvements as of the date of this appraisal. A spine road from Narcoossee Road to be known as Luminary Boulevard was under construction; however, as noted this appraisal is limited to the land only and any improvements will not be valued.

PHOTOGRAPHS

Easterly view of Laureate Boulevard.

Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

Westerly view of Laureate Boulevard.
Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

PHOTOGRAPHS

Southwesterly view of subject from Narcoossee Road and Laureate Boulevard intersection.

Photograph taken on September 17, 2020 by Richard K. MacMillan, MAI

Southwesterly view of subject from Narcoossee Road.
Photograph taken on September 17, 2020 by Richard K. MacMillan, MAI

PHOTOGRAPHS

Westerly view of subject from Narcoossee Road at Luminary Boulevard.

Photograph taken on September 17, 2020 by Richard K. MacMillan, MAI

Northwesterly view of subject from Narcoossee Road.
Photograph taken on September 17, 2020 by Richard K. MacMillan, MAI

PHOTOGRAPHS

Westerly view of Boggy Creek Road.

Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

Westerly view across subject from just north of Boggy Creek Road.
Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

Westerly view of Boggy Creek Road.

Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

Westerly view across subject just north of Boggy Creek Road.
Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

Easterly view of Boggy Creek Road.

Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

Northerly view of subject from Boggy Creek Road.
Photograph taken on September 17, 2020 by Thomas A. Riddle, MAI

National Wetland Inventory Map

USDA Natural Resources Conservation Service Soil Survey Map

Soil Map Legend

Flood Map

235	EXISTING TRANSPORTATION FACILITY DESCRIPTION

Narcoossee Road is a six lane, divided road with turn lanes, a bike lane and sidewalks in area of the subject property. Boggy Creek Road is a two lane road with a bike lane and sidewalks in area of the subject property and the Laureate Boulevard is a 2-4 lane road with a bike lane and sidewalks in the area of the subject property.

240 ZONING & LAND USE PLAN Zoning
As stated the majority of the subject is located in the City of Orlando. This portion within the City is zoned PD/AN, Planned Development with an Aircraft Noise overlay district, due to its proximity to the airport. The PD District is intended to provide a process for the evaluation of unique, individually planned developments which are not otherwise permitted in the zoning districts. The standards and procedures of this district are intended to promote flexibility of design and permit planned diversification and integration of uses and structures, while at the same time retaining in the City Council the absolute authority to establish such limitations and regulations as it deems necessary to protect the public health, safety and general welfare. A small portion of the subject containing 6.431 acres is located within Osceola County and is zoned AC, Agricultural Development and Conservation, by Osceola County.

Future Land Use

The future land use for the portion within Orange County is Urban Village and Conservation. The future land use for the portion within Osceola County is Rural Enclave.

The City of Orlando Council adopted Ordinance No. 2020-43 on September 8, 2020 which regulates the subject parent tract, as well as the land to the west, thus comprising the entire Poitras property. The subject parent tract, exclusive of the small portion within Osceola County is approved for residential uses, commercial uses, a school, a community park, and a fire station. This complete ordinance has been included in the addenda of this report. A following table for the entire Poitras property (including East and West individually) and the overall proposed development plan is as follows:

250 ASSESSED VALUE, TAXES AND SPECIAL ASSESSMENTS

The majority of the subject parent tract is assessed and taxed by Orange County. Eleven of the 12 tax parcels comprising the subject are located within Orange County. These tax parcels in Orange County are: 31-24-31-0000-00-001; 31-24-31-7790-00- 001;  31-24-31-7790-01-000;  31-24-31-7790-01-001;  31-24-31-7790-01-002; 31-24-
31-7790-02-000;  31-24-31-7790-02-001;  32-24-31-7791-00-001; 32-24-31-7791-01-
000; 32-24-31-7791-01-001; & 32-24-31-7791-02-000. Ten of these eleven are new tax parcels that were created in 2020. The small portion of the property located within Osceola County has a tax parcel of 01-25-30-0000-0022-0000. As of the date of this report, the County Property Appraisers have not set the assessed values for 2020.

In Orange County for 2019, the assessment and taxes appear to be identified under one tax parcel. The 2019 assessment and taxes by Orange and Osceola County are as follows:

	Orange	Osceola	
Tax ID No	31-24-31-0000-00-001	01-25-30-0000-0022-0000	
Land:	$78,556,849	$256,400	
Building Improvements:	$	0	$	0	
Misc. Improvements:	$	0	$	0	
Total Value:	$78,556,849	$256,400	
Exemptions:	$78,500,583	$255,000	
Total Assessed Value:	$	56,266	$	1,400	
Ad Valorem Total:	$	1,060.50	$	20.69	
Non-Ad Valorem:	$	0	$	0	
Total Gross Taxes	$	1,060.50	$	20.69	
For the portion within Orange County taxes in the amount of $1,018.08 were paid on November 26, 2019, with a discount received for early payment. For the portion within Osceola County taxes in the amount of $19.86 were paid on December 4, 2019, with a discount received for early payment. There are no outstanding or delinquent taxes on the subject property.

260	HISTORY OF PROPERTY

No title work was provided on the subject property for this assignment. However, according to the Orange County Property Appraiser records, the subject property, along with additional land comprising 1,146.755 acres sold on May 10, 2018 as recorded in Document No. 20180293628, of the Public Records of Orange County.

The entire Poitras ownership contained ±1,800 acres of land of which the subject was a part. It is the appraiser’s understanding that in 2017, the owner of the Poitras property entered into an agreement with a buyer for the sale of this property. The first closing was of 1,146.755 acres that included the subject land and additional land, as well. This was identified as the Poitras East property. The buyer was TDCP, LLC, the current owners, and the seller was the Greater Orlando Aviation Authority and the City of Orlando. The sale price for the 1,146.755 acres was $63,885,900.

260	HISTORY OF PROPERTY (continued)

Subsequent to this transfer, ±141.6 acres of the original Poitras East property containing 1,146.755 acres was sold to Pulte Homes on December 27, 2018 for residential subdivision development. Per the consulting engineer, the current size of the parent tract is ±1,005.11 acres, inclusive of 6.431 acres within Osceola County. Other than this, there have been no transactions involving the subject property in the past five years.

As stated, conceptual plans call for the subject property to have a commercial and residential uses, a school, a fire station, and a community park. However, at the time of the sale, this was the purchase of unentitled raw land.

270	EXPOSURE TIME

For this analysis we have reviewed the various sales within Orange County, as well as interviewed area brokers and market participants. It is our opinion that the subject property would have required an exposure time of approximately 1 year prior to the date of this appraisal.

280	PUBLIC AND PRIVATE RESTRICTIONS

No title work on the subject ownership was provided for this assignment. However, there do not appear to be any easements or encroachments located on the property that would affect or limit its utility.

300	HIGHEST AND BEST USE ANALYSIS

Definition: The definition of highest and best use is best defined as the reasonable, probable and legal use of vacant land and/or improved property, which is physically possible, appropriately supported, financially feasible, and results in the highest value.

The four criteria that must be met are physically possible, legally permissible, financially feasible, and maximally productive. An improved property must be analyzed both as vacant and improved with regards to its highest and best use.

“As If Vacant”

Physically Possible – Reference is made to the Description of Property section of this report, which describes the land area, shape, boundary, dimensions, topography, flood hazard data, drainage, soils, easements/encroachments, environmental hazards and utilities for the subject. To summarize, the subject is irregular in shape and contains about ±1,005.11 acres of gross land area, of which 663.14 acres are uplands. The property has frontage along the west side of Narcoossee Road, the north side of Boggy Creek Road and the south side of Laureate Boulevard. Electric, telephone, water and sewer service are available. From a physical standpoint, many types of uses would be possible.

300	HIGHEST AND BEST USE ANALYSIS (Continued)

Legally Permissible – The majority of the subject property is located in the City of Orlando. This portion within the City is zoned Planned Development with an Urban Village and Conservation future land use. A small portion of the subject containing
6.431 acres is located within Osceola County and is zoned AC, Agricultural Development and Conservation and has a future land use of Rural Enclave by Osceola County. On September 8, 2020, the City of Orlando Council adopted Ordinance No. 2020-43 on which regulates the subject parent tract, as well as the land to the west, thus comprising the entire Poitras property. The subject parent tract, exclusive of the small portion within Osceola County is approved for residential uses, commercial uses, a school, a community park, and a fire station.

Financially Feasible –From a financially feasible standpoint, the subject is positioned within a developing area in southeast Orange County with many approved DRI’s, and Planned Developments. The driving force in this area has been the on- going development of “Medical City” within the Lake Nona DRI located north of the subject. The Orlando International Airport is also within close proximity to the subject area and State Road 417 is located just north of the subject, which provides direct access to the Orlando International Airport and is a beltway around the Greater Orlando Area.

As discussed in the Neighborhood Analysis section of this report this area is seeing many changes. Although, there are some tracts of land that remain undeveloped, many have committed development programs (approved development plans), some of which are proposed as mixed-use. It is the appraisers opinion that the subject would most likely developed with future mixed use development, as demand dictates.

Maximally Productive – After reviewing the subject’s physical features, legally permitted uses, as well as considering the economic influences within the subject area, it is the appraiser’s opinion that the maximally productive use of the subject would be for mixed use development, as demand dictates.

302	HIGHEST AND BEST USE CONCLUSION:

It is the appraiser’s opinion that the maximally productive use of the subject would be for mixed use development, as demand dictates.

305	APPROACHES TO VALUE USED AND EXCLUDED:

We have utilized the Sales Comparison Approach methodology in valuing the land. The Sales Comparison Approach is considered to be the preferred method of valuing land when comparable sales are available, thus, allowing sales comparison to be directly applied to the land valuation. The Improved Sales Comparison Approach, Income Approach and Cost Approach were not considered appropriate for the scope of this assignment.

310	ESTIMATE OF PARENT TRACT LAND VALUE:

The Sales Comparison Approach is defined as the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison and making qualitative comparisons with or quantitative adjustments to the sales prices (or unit prices, as appropriate) of the comparable properties based on relevant, market-derived elements of comparison.
[Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th Edition (Chicago: Appraisal  Institute, 2010), Page 255]

The Sales Comparison Approach utilizes the following methodology.

Locate properties that are similar to the subject that have recently sold.
Examine the conditions of the sale to include the bonafide nature, motivating forces, and terms of each transaction.
Compare each sale property to the subject to judge for any dissimilarities and their effect on the transaction.
Formulate a conclusion concerning the value of the subject property based upon the sales data.

Not all property transactions investigated by the appraiser will be used to form a value conclusion. A properly qualified, comparable sale need not be identical to the subject but should have the same highest and best use, should be physically similar to the subject in the factors affecting value, should be a recent transaction and should be a bonafide, arm's length transaction.

In summary, the comparable sale properties should conform to the market value definition and should be in the same market as the subject property. The appraiser typically  uses  the  Sales  Comparison  Approach  to  value vacant land.	The Sales Comparison Approach is considered to be the preferred method of valuing land when comparable sales are available, thus, allowing sales comparison to be directly applied to the land valuation.

310	ESTIMATE OF LAND VALUE BEFORE THE TAKING (Continued)

The Sales Comparison Approach is based upon the economic Principle of Substitution; that a buyer will pay no more for a property than the cost of acquiring one of equal attractiveness or utility. Because the value of a property tends to be established by the prices of similar properties, the market value of a property is estimated by observing the selling prices of other similar properties that have previously sold in the market place.

The reliability of this technique is dependent upon the degree of comparability of each sale to the subject, market conditions at the time of sale, verification of pertinent data, and the absence of unusual conditions that influence the sale. Based upon conversations with market participants, the size of the parent tract and its highest and best use, it was determined that the appropriate unit of measurement was the price per gross acre. Therefore, the following land sales and valuation analysis follows market practice and will be viewed on a price per gross acre basis.

As previously discussed, the subject parent tract contains ±1,005.11 acres of gross land area. A market search was conducted for sales of vacant sites similar to the subject property in highest and best use, physical characteristics and utilities. The subject neighborhood and surrounding competing neighborhoods were researched for vacant land sales with similar characteristics. The appraiser was able to locate three sales and one listing sufficiently similar to the subject allowing for similar mixed use development. These sales will be used to estimate the land value of the parent tract. These sales will be discussed and compared with the subject on the following pages. The unadjusted range in values for the sales was from $55,710 to $79,309 per acre of gross land area.

Sale 20190658393 is located on the east side of Boggy Creek Road, south of Lake Nona Boulevard at the Orange County/Osceola County line, in the City of Orlando, Orange County, Florida. On October 18, 2019, Greater Orlando Aviation Authority and The City of Orlando sold this property to TDCP, LLC for a sale price of
$49,354,400. According to the deed of record, the property contains ±708.35 gross acres. According to the information from McIntosh & Associates, Inc., engineers working for the Grantee, the upland/wetland ratio is about 72% of the land is uplands or ±510 acres and the remaining 28% or 198.35 acres are wetlands. The property is flag shaped with 100 feet of frontage on the east side of Boggy Creek Road. All utilities were available in the area including public sewer, water, electric and telephone.

310	ESTIMATE OF PARENT TRACT LAND VALUE (continued)

It is the appraiser’s understanding that this property was part of the original Poitras property that contained nearly ±1800 acres of land in total. In 2017, the seller of the entire Poitras property entered into an agreement with the buyer for this sale property and about ±1,146 acres of property to the east also known as Poitras East. The sale of the Poitras East property located east of this sale property occurred in May 2018.

This 708-acre sale is the execution the option for the remaining Poitras property and is known as Poitras West. This property along with the Poitras East parcel is an extension of the Lake Nona Development. In 2020, this property was approved for Village Centers including retail, high intensity airport support and residential uses. However, at the time of the sale, this was the purchase of unentitled land. The sale price of $49,354,400 reflects a unit price of $69,675 per gross acre.

Sale 20190133878 et. al. is located on the west side of Avalon Road, at its intersection with SR 429 (Western Beltway), in the Horizon’s West area of unincorporated Orange County, Florida. On March 1, 2019, Alex B. Veech, III et. al. sold this property to Jen Florida 36, LLC. This was an assemblage of eighteen tax parcels and recorded in six separate deed documents from multiple sellers to one buyer. According to the Orange County Property Appraiser, the assembled property contains ±528.03 gross acres and the total assembled sale price was $41,877,600. Per the Orange County Property Appraiser records ±85% of the land or ±448 acres are uplands and the remaining ±15% of the land or 80 acres are wetlands. The property is irregular in shape with frontage along the east and west sides of Avalon Road, the north side of Schofield Road and the west side of SR 429, a limited access road.

According to the verifying source, the land is entitled through the Horizon West Sector Plan for up to 1.5 million square feet of commercial use and about 2,300 residential dwellings; however stated this would not fit on the site and will have to be reduced. The verifying source estimates that to get a planned development and a preliminary subdivision plan approved will take 12-14 months. The sale price of
$41,877,600 reflects a unit price of $79,309 per gross acre.

310	ESTIMATE OF PARENT TRACT LAND VALUE (continued)

Sale 20180293628 - is located on the west side of Narcoossee Road, the north side of Boggy Creek Road and the south side of Laureate Boulevard at the Orange County/Osceola County line, in the City of Orlando, Orange County, Florida. A small portion of the property containing 6.431 acres is located within Osceola County and the remaining property is located within Orange County. This sale included what is the subject of this appraisal as well as additional land.

On May 10, 2018, Greater Orlando Aviation Authority and The City of Orlando, sold this property to TDCP, LLC for a sale price of $63,885,900. According to the deed of record, the property contains ±1,146.755 gross acres. Per the verifying source, 777.9 acres or ±68% of the land are uplands and the remaining 368.855 acres or ±32% of the land are wetlands. The property is irregular in shape with frontage on the west side of Narcoossee Road, the north side of Boggy Creek Road and the south side of Laureate Boulevard.

It is the appraiser’s understanding that this property was part of the original Poitras property that contained nearly ±1800 acres of land in total. In 2017, the seller of the entire Poitras property entered into an agreement with the buyer for this sale property and about ±708 acres of property to the west also known as Poitras West.

This property along with the Poitras West parcel is an extension of the Lake Nona Development. In 2020 the property was approved for Village Center uses, Neighborhood Center uses, Residential uses, a school, a fire station, and a community park. However, at the time of the sale, this was the purchase of unentitled land. The sale price of $63,885,900 reflects a unit price of $55,710 per gross acre of land area.

These three sales are summarized on the following market data grid.

Sale Number	SUBJECT	Sale 20190658393	Sale 20190133878 et. al.	Sale 20180293628	

Grantor/ Grantee	
N/A	GOAA & Orlando
/TDCP	Ford/Jen FL 36	GOAA & Orlando
/TDCP	
Sale Price	N/A	$49,354,400	$41,877,600	$63,885,900	
Property Rights	Fee Simple	Fee Simple	Fee Simple	Fee Simple	
Financing Terms	Cash to Seller	Cash to Seller	Cash to Seller	Cash to Seller	
Adjustment		Similar	Similar	Similar	
Conditions of Sale	Normal Market	Normal Market	Normal Market	Normal Market	
Adjustment		Similar	Similar	Similar	
Date of Sale		October 18, 2019	March 1, 2019	May 10, 2018	
Adjustment		Inferior	Inferior	Inferior	
Adj. Sale Price Gross/Ac	
N/A	$49,354,400
$69,675	$41,877,600
$79,309	$63,885,900
$55,710	

Location	NWQ of Narcoossee Rd. & Boggy Creek Rd., City of Orlando,
Orange Co. & Osceola County	E/S of Boggy Creek Rd., S of Lake Nona Blvd., in the City of Orlando	W/S of Avalon Rd., at SR 429, Horizons West, in Orange Co.	NWQ of Narcoossee Rd. & Boggy Creek Rd., City of Orlando, Orange Co. & Osceola County	
Adjustment		Similar	Similar	Similar	
Land Size	±1,005.11 AC	±708.35 AC	±528.03 AC	±1,146.755 AC	
Adjustment		Similar	Superior	Similar	
Uplands Percentage	± 663.14 AC (66%)	±510 AC (72%)	±448 AC (85%)	±777.9 AC (68%)	
Adjustment		Similar	Superior	Similar	

Zoning/FLU	PD/Urban Village
& AC/ Rural Enclave	No zoning/Urban Village	
A-1/Village	PD/Urban Village & AC/ Rural Enclave	
Adjustment		Similar	Similar	Similar	
Highest & Best Use	Mixed Use
Development	Mixed Use
Development	Mixed Use
Development	Mixed Use
Development	
Adjustment		Similar	Similar	Similar	
Utilities Available	Utilities Available	Utilities Available	Utilities Available	Utilities Available	
Adjustment		Similar	Similar	Similar	
Entitlements- Engineering/Land
Planning/Permitting	
Partial	
None	
Partial	
None	
Adjustment		Inferior	Similar	Inferior	
Overall
Comparability		Inferior	Similar	Inferior	

310	ESTIMATE OF PARENT TRACT LAND VALUE (Continued)

Adjustments - The elements of comparison for the three sales used to value the subject property will be discussed below. Any adjustments for dissimilarities between the sales and the subject will be addressed accordingly. All three vacant comparable land sales were transfers of the fee simple interest and were arms length transactions. Thus, no adjustments for these elements of comparison are considered appropriate.

Time (Market Conditions) – The sales relied upon occurred between May 2018 and October 2019. Current market conditions have increased demand for housing in the area and values are showing some increase. These sales are considered inferior to current market conditions.

Financing Concessions - All of the sales were cash to seller transactions, therefore, no adjustment has been made between the sales and the subject for this characteristic.

Location – Sale 20190658393 and Sale 20180293628 (which was part of the subject) are considered similar both being located within Lake Nona area. Sale 20190133878 et. al. is located within the fast growing area of Horizons West and  is considered to be in an area with similar characteristics.

Size – The subject parent tract contains ±1,005.11 acres. Sale 20190658393 containing ±708 acres and Sale 20180293628 containing ±1,146 acres are considered similar in land size. Sale 20190133878 et. al. containing ±528 or about one-half the size is considered superior to the subject. This is because, typically the larger the land, the lower price per unit value, since there are typically less market participants.

Uplands – The subject property contains ±1,005.11 acres, of which 663.14 AC or 66% are uplands. Sale 20190658393 and Sale 20180293628 have fairly similar percentage of uplands to the subject and no adjustment is needed. Sale 20190133878 et. al. contains about 85% uplands which is considered superior to the subject.

Zoning/FLU- The subject and sales were considered to have similar zoning and land use characteristics for mixed use development.

Highest and Best Use – All of the sales were purchased for mixed use development and for this analysis were considered similar to the subject.

310	ESTIMATE OF PARENT TRACT LAND VALUE (Continued)

Utilities – The subject and the sales had all utilities available in their vicinity and no adjustment is necessary.

Entitlements - The subject is approved for mixed use development. Although some engineering and land planning has occurred additional engineering, land planning and permitting would be required prior to development. Sale 20190658393 and Sale 20180293628 are considered inferior to the subject in this characteristic. Sale 20190133878 et. al. is considered similar and no adjustment was necessary.

Conclusion – The three sales range in value from a low of $55,710 per gross acre to a high of $79,309 per gross acre. An active listing was also considered in this analysis. This listing is located south of the subject on the west side of  Old Hickory Tree Road, south of US 192 in a fast growing area of St. Cloud. This 268 acre tract of land, of which 88% is uplands is approved for single family residential, multifamily, retail and office uses. The property has all utilities available. The asking price is $22,500,000 or $83,955 per gross acre.

Based upon the sales data available and the analysis and overall comparison of the subject and the sales, the market value opinion for the subject is $79,000 per gross acre.

The value of the subject is indicated below.

1,005.11 acres @ $79,000/AC =	$79,404,000 (R)

355	INDICATED VALUE BY SALES COMPARISON APPROACH

It is the appraiser’s opinion that the value of the subject by the Sales Comparison Approach is $79,404,000.

390	RECONCILIATION OF VALUE INDICATIONS AND FINAL VALUE ESTIMATE

Reconciliation is the final step in the valuation process in which alternate value indications are evaluated and the most meaningful, defensible conclusion is selected as a final value estimate. The approaches are examined for appropriateness, accuracy, and quantity of evidence. Any differences or inconsistencies in the analysis and conclusions are explained. The following value conclusions were indicated in the approaches to value.

Cost Approach	N/A
Sales Comparison Approach	$79,404,000 Income Approach		N/A

The only method utilized in the valuation of the subject was a Sales Comparison Approach. This approach is the most valid since it is the most understood and utilized by buyers and sellers of vacant land. Thus, the appraiser has formed an opinion that the market value of the subject as of September 17, 2020, was:

SEVENTY NINE MILLION FOUR HUNDRED FOUR THOUSAND AND NO/100 DOLLARS ($79,404,000)

Allocation:

At the request of the client for decision making purposes, the market value of $79,404,000 has been allocated on a price per acre between the uplands and wetlands. As noted, the property contains ±1,005.11 acres of gross land area, of which 663.14 acres are uplands (developable land) and 341.97 acres are wetlands. Based upon sales data contained in the appraiser’s file, the wetlands contribute $2,100 per acre or $718,150, rounded. The remaining $78,685,850 is attributable to the 663.14 acres of uplands or $118,656 per acre.

Market Value of Total Property:	1,005.11 acres @ $79,000/AC =	$79,404,000 (R)	
Less Wetlands:	341.97 acres @ $2,100/AC =	 	$718,150 (R)	
Total Value of Uplands (developable
Upland Acres	land)	$78,685,850
663.14 AC	

Value of Uplands (developable land) per Acre	$118,656
Value of Wetlands per Acre	$2,100

ADDENDA

Subject Zoning Ordinance Area Map
Area Map and Analysis Land Sale Location Map Land Sales Data Sheets Appraiser Qualifications

The addenda are on file with the District Manager and can be provided upon request.

Poitras East Community Development District

FY 2020 Audit Engagement Letter

September 24, 2020

Poitras East Community Development District c/o PFM Group Consulting, LLC
12051 Corporate Blvd.
Orlando, FL, 32817

We are pleased to confirm our understanding of the services we are to provide Poitras East Community Development District for the year ended September 30, 2020. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of Poitras East Community Development District as of and for the year ended September 30, 2020. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement Poitras East Community Development District’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to Poitras East Community Development District’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by
U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:

Management’s Discussion and Analysis.
Budgetary Comparison Schedule.

Audit Objectives

The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of Poitras East Community Development District and other procedures we consider necessary to enable us to

express such opinions. We will issue a written report upon completion of our audit of Poitras East Community Development District’s financial statements. Our report will be addressed to the Board of Supervisors of Poitras East Community Development District. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis‐of‐matter or other‐matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement.

We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that Poitras East Community Development District is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements.

Audit Procedures—General

An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste and abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, an unavoidable risk exists that some material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct

and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.

Audit Procedures—Internal Control

Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards.

Audit Procedures—Compliance

As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Poitras East Community Development District’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

Other Services

We will also assist in preparing the financial statements and related notes of Poitras East Community Development District in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

We will also examine the District’s compliance with the requirements of Section 218.415, Florida Statutes, Local Government Investment Policies, as of September 30, 2020. Our examination will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Accordingly, it will include examining, on a test basis, your records and other procedures to obtain evidence necessary to enable us to express our opinion. Our report will be addressed to the Board of Supervisors of the District. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion. If our opinion is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the examination or are unable to form or have not formed an opinion, we may decline to express an opinion or may withdraw from this engagement.

Management Responsibilities

Management is responsible for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.

Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.

Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period

presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements that we report.

You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that
you are responsible for presentation of the supplementary information in accordance with GAAP;
you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.

You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.

Engagement Administration, Fees, and Other

We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.

We will provide copies of our reports to the District; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of Carr, Riggs & Ingram, LLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the Florida Auditor General or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of CRI personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

Public Records. Auditor shall, pursuant to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Florida, and specifically shall:

Keep and maintain public records required by the District to perform the services or work set forth in this Agreement; and

Upon the request of the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Auditor does not transfer the records to the District; and

Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Auditor or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Auditor transfers all public records to the District upon completion of the Agreement, the Auditor shall destroy (except as required by regulation or professional standard to maintain such records) any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Auditor keeps and maintains public records upon completion of the Agreement, the Auditor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the

District, upon request from the District’s custodian of public records, in a format that is compatible with the information technology systems of the District.

Auditor acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the District pursuant to Section 119.0701(3), Florida Statutes. If notified by the District of a public records request for records not in the possession of the District but in possession of the Auditor, the Auditor shall provide such records to the District or allow the records to be inspected or copied within a reasonable time. Auditor acknowledges that should Auditor fail to provide the public records to the District within a reasonable time, Auditor may be subject to penalties pursuant to Section 119.10, Florida Statutes.

IF THE AUDITOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AUDITOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE AUDITOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

PFM Group Consulting, LLC 12051 Corporate Blvd.
Orlando, FL, 32817 TELEPHONE: (407)723‐5900
EMAIL: mullinsl@pfm.com

The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the Florida Auditor General. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

We expect to begin our audit on approximately January 1, 2021 and will issue our reports no later than April 30, 2021. Alan Jowers is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

Our fee for these services will be at our standard hourly rates except that we agree that our fee will not exceed $3,000. This agreement provides for a contract period of one (1) year with the option for one (1) one‐year extension. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. This fee quote is based in part on the fact that the District has not yet issued bonds or other debt instruments to finance capital asset acquisition and construction. In the event the District issues such debt instruments, the audit fee will increase by an amount not to exceed $3,000. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be provided in sufficient detail to demonstrate compliance with the terms discussed herein. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. This agreement may be terminated at‐will by either party with 30 days’ written notice. The District will pay all invoices for services rendered prior to the date of the notice of termination. The above fee is based on anticipated cooperation from your personnel

and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

Governing Law; Venue

This agreement and performance hereunder shall be governed by the laws of the State of Florida, without reference to any conflict of laws rules or principles. Any action or proceeding arising from or relating to this agreement must be brought in a state or federal court having jurisdiction in Orange County, Florida, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding and agrees to waive any defenses to venue and jurisdiction including forum non conveniens.

Electronic Data Communication and Storage and Use of Third Party Service Provider

In the interest of facilitating our services to your company, we may send data over the Internet, securely store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third‐party vendors’ secured portals or clouds. Electronic data that is confidential to your company may be transmitted or stored using these methods. We may use third‐ party service providers to store or transmit this data, such as, but not limited to, providers of tax return preparation software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require our third‐party vendors to do the same.

To enhance our services to you, we will use a combination of remote access, secure file transfer, virtual private network or other collaborative, virtual workspace or other online tools or environments. Access through any combination of these tools allows for on‐demand and/or real‐time collaboration across geographic boundaries and time zones and allows CRI and you to share data, engagement information, knowledge, and deliverables in a protected environment. In order to use certain of these tools and in addition to execution of this acknowledgement and engagement letter, you may be required to execute a separate client acknowledgement or agreement and agree to be bound by the terms, conditions and limitations of such agreement. While we may back up your files to facilitate our services, you are solely responsible for the backup of your files and records; therefore, we recommend that you also maintain your own backup files of these records. In the event you suffer a loss of any files or records due to accident, inadvertent mistake, or Act of God, copies of which you have provided to us pursuant to this agreement, we shall not be responsible or obligated to provide you a copy of any such file or record which we may retain in our possession.

We appreciate the opportunity to be of service to Poitras East Community Development District and believe this letter accurately summarizes the terms of our engagement. This letter constitutes the complete and exclusive statement of the agreement between CRI and the District. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours,

CARR, RIGGS & INGRAM, LLC
Certified Public Accountants

RESPONSE:

This letter correctly sets forth the understanding of Poitras East Community Development District.

Management Signature: 	_	

Title:   	

Governance Signature: 	_	

Title:   	

Agreement with City of Orlando for Alley Ways (Parcel N3)
(provided under separate cover)

Payment Authorization Nos. 84 – 85

Payment Authorization #084

10/23/2020

Item	
Payee	
Invoice	
General	
Fiscal	
No.		Number	Fund	Year	

1	
Donald W McIntosh Associates				
	Engineering Services Through 09/30/2020	40317	$	250.00	FY 2020	
	Engineering Services 10/01/2020 Through 10/09/2020	40317	$	187.50	FY 2021	

2	
Orlando Sentinel
Legal Advertising: FY 2021 Meeting Schedule	

OSC26492888	

$	327.50	

 	FY 2021		
3	PFM Group Consulting
DM Fee: October 2020	
DM-10-2020-0032	
$ 2,916.67	

 	FY 2021		
4	Supervisor Fees - 10/20/2020 Meeting
Richard Levey	
--	
$	200.00	

 	FY 2021		

TOTAL	

$3,881.67	

250.00
3,631.67	FY 2020	
	FY 2021	

Chairperson

Payment Authorization #085
10/30/2020

Item
No.	Payee	Invoice
Number	General
Fund	Fiscal
Year	

1	
Orlando Sentinel
Legal Advertising: Landowner's Meeting	

OSC26787521	

$	875.02	

 	FY 2021		

TOTAL	$875.02

Chairperson

Poitras East Community Development District

Work Authorization/Proposed Services
(if applicable)

Pearson Avenue Phase 2

 	

          	

Proposal - Street A Phase 2 (from Poitras Residential N-3 to Boggy Creek Rd)
PN 20-E2114.13	Pa e2

An outline of the proposed scope of work and related fees to complete the scope outlined herein, are presented on Attachment A. Our fee for performing the outlined scope is estimated to be $2,705.00. Our fees for the proposed scope of services will not exceed these estimates without your prior authorization.

This work authorization and associated work product may be assigned to the Poitras East Community Development District.

CLOSURE

We sincerely appreciate the opportunity of providing this proposal for your review and look forward to working with you on this portion of your project. If you agree with our proposed scope of work and wish to request we perform the noted services, please indicate your authorization in the space provided below and return to our office. Should there be any questions with regard to the scope of services, please do not hesitate to contact the undersigned.

Sincerely,

\1	.

SH ENGINEERING SERVICES, LLC.

'---
Dou  1 s   . Yovaish, P.E.	· ·
Princi	1
Florida Registration No. 52247 Enclosure:	Attachment A
xc:	Mr. Kirby White, P.E. of Donald W. McIntosh Associates, Inc.

ACCEPTED BY: 			 TITLE:			 COMPANY: 	_ DATE: 		

Attachment A:	Proposal, Subsoil and Groundwater Level Investigation, Proposed Street A Phase 2 (from Poitras Residential N-3 to Boggy Creek Rd), City of Orlando, Florida (PN 20-E2114.13)

	DESCRIPTION	UNIT	RATE	QUANTITY	AMOUNT	
FIELD SERVICES	
1.0	MOBILIZATION OF MEN AND EQUIPMENT	each	$325.00	I	$325.00	
1.1	AUGER BORINGS (4 Locations to 10 ft)	,		If	$10.50	40	$420.00	
1.2	MANUAL MUCK PROBES (2-man crew allowance)	day	$800.00	0.5	$400.00	

1.3	COORDINATE UTILITY LOCATES AND RECORD STABILIZED GROUNDWATER LEVELS
(Sr. Engineering Technician)	
hr	
$45.00	
4	
$180.00	
			Subtotal Field Services				$1,325.00	
LABORATORY SERVICES	
2.0	-200 AND NATURAL MOISTURE CONTENT (allowance)	set	$35.00	5	$175.00	
			Subtotal Lab Services				$175.00	
ENGINEERING SERVICES	

3.0	PROJECT DIRECTION, DATA REDUCTION, ENGINEERING EVALUATIONS, AND REPORT PREPARATION					
3.0.1	Principal Engineer	hr	$125.00	I	$125.00	
3.0.2	Project Engineer	hr	$85.00	6	$510.00	
3.0.3	ACAD Technician	hr	$45.00	4	$180.00	
3.0.4	Technical Secretary	hr	$25.00	1	$25.00	
			Subtotal Engineering Services				$840.00	
3.1	PREPARATION OF GEOTECHNICAL DETAILS SHEET					
3.1.1	Project Engineer	hr	$85.00	4	$340.00	
3.1.2	Technical Secretary	hr	$25.00	1	$25.00	
			Subtotal Engineering Services				$365,00	
ESTIMATED PROJECT TOTAL	$2,705.00	

Pearson Avenue Phase 2

 	

          	

Pearson Avenue Phase 2

 	

          	

GAI Consultants, Inc. 618 E. South Street Suite 700
Orlando, Florida 32801
T 407.423.8398
gaiconsultants.com

November 5, 2020
GAI Project No. R201019.00

Mr. Jeff Newton, PE jjnewton@dwma.com
Poitras East Community Development District 12051 Corporate Boulevard
Orlando, FL 32817

Proposal for Landscape Design Services Poitras Street A Phase 2 Streetscape Landscape Architecture Services Orlando, Florida

Dear Mr. Newton:
GAI Consultants’ Community Solutions Group (CSG) team is pleased to submit this Proposal to Poitras East CDD (‘Owner’ / ‘Client’) for the performance of the professional services described below in the Scope of Services for the project stated above.

Project Understanding
The site is in the City of Orlando, Florida within the Poitras property area of Lake Nona. Refer to Exhibit B for the project scope limits provided by the Client.
The Scope of Work includes schematic design through construction observation and warranty review for the landscape and irrigation design within the right-of- way (ROW) for this portion of the Street A Streetscape design.
In addition to the specific services detailed below (the “Scope of Services”), GAI will coordinate our work with the Client’s representative and the Client’s project team, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress.

Base Data
The Client will provide GAI with the following data that GAI will incorporate into the development of base plans prior to beginning design work. GAI will rely on all information supplied by the Client as accurate and correct. Additional work required due to inaccurate, incorrect, or incomplete information supplied by the Client will be completed as an Additional Service.
Boundary
Topography
Site survey
Tree survey
Roadway Engineering

Subconsultants
Additional Professionals working on the project under contract to GAI include the following. The Client hereby acknowledges and agrees that GAI will assume responsibility for the coordination of work produced by any subconsultants to GAI. However, the Client acknowledges and agrees that GAI does not bear any responsibility or liability for the technical accuracy of work prepared or services rendered by others including our subconsultants.
Team Member	Service
Computerized Design Services	Irrigation Design

Scope of Services
Based on our understanding of the project requirements provided to date by the Client, GAI will perform the following described Scope of Services:

Task 1 – Schematic Design

Kick-off Meeting – Consultant will attend a virtual kick-off meeting with the Client and the project team to begin our work on the project. The Client will be responsible for setting and running the meeting, and providing summary notes, as necessary. Consultant anticipates the agenda for the meeting will include:
Client objectives/Vision for the project
Project issues
Preliminary development program
Project requirements
Team member responsibilities
Project Schedule
Project area development budgets

Schematic Design – Based on the development program, budget and the design intent and vision discussed with the Client at the kick-off meeting, GAI will prepare Schematic Design Documents for the streetscape. Design elements of the project are anticipated to include the following:
Street Trees
Shrub & Groundcover Plantings
Grass/Sod
Irrigation of all landscape

Statement of Probable Cost – GAI will prepare an order of magnitude statement of probable cost (SPC) for all elements detailed in the Schematic Design Documents.

Client Review Meeting – GAI will meet virtually with the Client one (1) time to review the schematic design documents and the SPC. Plan mark-up comments will be recorded during the meeting, which will serve as Client direction for the next phase of work. Additional concepts requested by the Client will be provided as an Additional Service.
Deliverables – As a result of these tasks, GAI will produce the following:
One (1) digital set of Schematic Design Documents
One (1) digital copy of the order of magnitude SPC
Task 2 – Construction Documentation

Construction Documents (90% CDs) – CSG will prepare 90% construction documents for the development of the site features, incorporating review comments from the preceding Client Review Meeting. Specifically, CSG will prepare landscape and irrigation plans for the project, as well as construction details, elevations and sections provided as necessary to communicate the design intent and construction materials. Technical specification sheet notes will be included and be part of the Construction Documents.

Statement of Probable Cost – GAI will prepare an updated statement of probable cost (SPC) for all elements detailed in the 90% CDs.

Client Review Meeting – GAI will meet virtually with the Client one (1) time to review the 90% CDs and the SPC. Plan mark-up comments will be recorded during the meeting, which will serve as Client direction for the next phase of work. Additional concepts requested by the Client will be provided as an Additional Service.
Deliverables – As a result of these tasks, GAI will produce the following:
One (1) digital set of 90% CDs
One (1) digital copy of the updated SPC

Final Construction Documents (100% CDs) – CSG will prepare the final set of Construction Documents, incorporating review comments from the preceding Client review meeting. The documents will be suitable for permitting, bidding and construction of the landscape design elements of the Project as detailed in this scope of services.
Deliverables – As a result of these tasks, GAI will produce the following:
One (1) digital set of 100% CDs

Task 3 – Pre-Construction Services

Permitting Assistance

Document Production and Submittal – GAI will assist the Client with the Client’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project in support of gaining necessary permits for construction of the Project relative to the work prepared by GAI.

Permitting Agency Meetings and Coordination – GAI will attend one
meeting with appropriate governmental officials and will coordinate our work with the Client’s Project team in support of the governmental approval process.

The Owner will be responsible for any fees associated with these permits and for assembling and submitting the permit packages.

Bidding Assistance

Pre-Bid Meeting – GAI will attend a virtual pre-bid meeting with the Client and potential bidders.

Issuing Addenda – GAI will issue one addenda in response to bidder’s requests for clarification of the contract documents or additional information. Significant changes to the documents during or after bidding due to unknown site conditions, inaccurate information provided by the Client, substantial deviations in materials, design or methods previously approved by the Client, regulatory agency requirements after permit approvals and/or changes resulting from cost overruns from other consultants’ work will be provided as Additional Services.

Task 4 – Construction-Phase Services
GAI’s responsibility to provide services during construction of the Project under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Client of the Contractor’s final Certificate for Payment or 30 days after the date of Substantial Completion of the work.
The contract for construction will be between the Client and the Contractor. The Client or his designated representative will be responsible for day-to-day administration of the contract and for daily observation of construction. The Client will notify GAI when it requires services in addition to those described in this Part of the work, which services will be provided as an Additional Service to this Agreement.

CSG will attend a virtual pre-construction meeting with the Owner and design team.

CSG will visit nurseries/fields to select specimen trees and other unique plant materials, as requested by Owner. Typical plant material is not tagged by the LA unless there are concerns about the material proposed in the submittals, in which case the LA may be asked by Owner to visit the nursery/field to select some or all plant materials for the project for an additional fee.

CSG will visit the site up to two (2) times during construction to observe and become familiar with the progress and quality of the components of the work completed to determine if the work is generally being performed in accordance with the contract documents, and as will be required for the certifications of utilities for the permitting agencies.

Typical site inspections include, in conjunction with Tavistock Quality Management (TQM):
Review of site fine grading prior to any hardscape, irrigation, or planting.
Review tree locations, bed lines, and irrigation layout before first day of installation of each.

Additionally, CSG will perform a “Substantial Completion” site visit and a “Final Completion” site visit.

CSG will not be required to make exhaustive or continuous on-site inspections/observations to check the quality or quantity of work, to monitor work safety requirements, or to redesign/remodel and revise construction drawings due to unknown field conditions encountered during construction or changes to elements of the work designed by others.

CSG will provide a field report to the Client following each site visit, noting observed deviations from the Construction Documents. CSG will not be responsible for any contractors’ failure to perform work in accordance with the requirements of the Construction Documents. CSG will only be responsible to report any observed or obvious failures to perform work in accordance with the Construction Documents.

CSG will respond to submittal reviews and requests for information (RFIs) from the contractor during construction.

Task 5 – Post-Construction Services

CSG will perform on-site warranty reviews of the completed work at six and eleven months after the date of substantial or final completion. A written field report will be provided after each review. The Client will be responsible

to notify CSG no less than two weeks ahead of when these reviews are desired.

Deliverables
GAI will provide one PDF version of the work product to the Owner at each submittal described in the scope. Permit submittals are anticipated to be digital, using PDF files in lieu of hard copy submittals.

Schedule
GAI will begin work upon receipt of a copy of this Proposal executed and authorized below. GAI will endeavor to complete its Scope of Services, not including the Construction Observation phase of the work, and complete the project deliverable within a time frame mutually agreed upon by the Client and GAI, subject to excused delay occasioned by factors beyond GAI’s reasonable control. Completion of the Construction-Phase Services scope will be dependent on the schedule agreed to by the Owner and the Contractor selected to execute the work.

Compensation
Compensation for services rendered by GAI will be on a lump sum our hourly budget basis as described in the chart below. The breakdown by Task is as follows:

Task	Description	Method of Payment	Fee	
1	Schematic Design	Lump Sum	$2,225	
2	Construction Documentation	Lump Sum	$5,800	
3	Pre-Construction Services	Hourly	$1,600	
4	Construction-Phase Services	Hourly	$4,400	
5	Post-Construction Services	Hourly	$1,750	
999	Reimbursable Expenses	At-Cost	$200	
Total Estimate (including reimbursable)	$15,975	

Reimbursable Expenses
Reimbursable expenses may include in-house and out-of-house project costs required to perform and deliver the work, such as printing and reproduction needs, postage, courier services, overnight deliveries, and mileage. Reimbursable expenses will be invoiced on an actual cost basis.

Payment
GAI will prepare invoices monthly and payment will be due within thirty (30) days of the date of the invoice. All other payment terms will be in accordance with Exhibit A.

Assumptions and Understandings
GAI’s Scope of Services, Schedule, and Compensation as set forth above have been prepared based on the following assumptions and understandings:
Client acknowledges and understands that Community Solutions Group is a GAI Consultants, Inc. Services Group. Any reference to Community Solutions Group or CSG in the Proposal for Professional Services and the Standard Terms and Conditions also refers to GAI Consultants, Inc. It is further acknowledged and understood that this agreement is between the Client and GAI Consultants, Inc.
Client has provided all its requirements for GAI’s scope of services and all criteria and/or specifications that GAI should utilize at the time this Proposal is authorized. This includes any requirement for any statement of professional opinion or certification.
Client has provided all available information pertinent to GAI’s scope of services, including previous reports/drawings; utility information; topo information, etc. at the time this Proposal is authorized. Unless otherwise noted, GAI may rely upon such information.
Client will give GAI prompt notice whenever it observes or otherwise becomes aware of any development that affects the scope or timing of GAI’s performance.
Client will examine and provide comments and/or decisions with respect to any GAI interim or final deliverables within a period mutually agreed upon.
Any of Client’s other consultant(s)/contractor(s) will cooperate and coordinate with GAI in a timely and efficient manner.
GAI’s proposed compensation and schedule are based on receipt of authorization to proceed within thirty (30) calendar days of the date of this Proposal. GAI reserves the right to adjust its compensation if authorization to proceed is not received within thirty (30) calendar days.

Services Not Included
The proposed scope of services and cost(s) assume the following items are excluded from this scope of services:

Boundary, topographic and tree survey.

Subsurface Utility Engineering excavations to determine underground features/utilities (i.e. soft digs).

Geotechnical Engineering testing, laboratory analysis, and engineering evaluations and reports.

Phased expansion scope, design, and/or permitting. Breaking the design of the project out into multiple construction phases and bid packages other than what is stated in this proposal.

Contractor related dewatering permitting through jurisdictional agencies. Bid Tabulations or full CEI Services.

Record Drawings and /or BIM based on the contractor’s As-Builts (assumes As-Built drawings/or BIM will be provided by the contractor).

Additional Services
GAI will provide Additional Services as mutually agreed between GAI and the Client. An equitable adjustment to GAI’s Scope of Services and Compensation will be made through a Supplement to this Agreement for any Additional Services.
GAI will provide Additional Services as mutually agreed upon between GAI and the Client. These may include but are not limited to:
Revise drawings, specifications or other documents when such revisions are:
Inconsistent with approval or instructions previously given by the Client, including revisions made necessary by adjustments in the Client’s program or project budget
Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents
Due to changes required as a result of the Client’s failure to render decisions in a timely manner
Due to a phased design approach determined after execution of this Proposal
Landscaping, irrigation, hardscape, and site lighting are excluded for off- site improvements
Provide services required because of significant changes to the project (e.g. size, construction budget, quality, complexity, the Client’s schedule, method of bidding and negotiating the contracting for construction)
Services necessitated by Client’s or Contractor’s default
Additional work resulting from bidding, negotiation or construction prior to the completion of Construction Documents
Bid-related activities in addition to those outlined in the Scope of Services, including:
Post-“Issued for Bid” Drawings Redesign
Prepare Prequalification Package for Potential Bidders
Issue Documents to Potential Bidders

Value Engineering (VE) Redesign in Response to Bids
Receive and Review Bids
Prepare Bid Analysis
Recommendation of Contractor

Please do not hesitate to contact us at 321.319.3042 if you have any questions or wish to discuss this Proposal. If this Proposal is acceptable, please sign where indicated below and return one copy for our file. This also will serve as authorization for CSG to proceed. CSG’s performance of the Scope of Services will be governed by the CSG Standard Terms and Conditions for Professional Services, attached hereto as Exhibit A and incorporated herein by reference.

	REQUESTED AND AUTHORIZED BY:	
Sincerely,
Community Solutions Group, a GAI Consultants, Inc.
Service Group	Poitras East CDD	
	
BY:	
	
PRINTED NAME:	
		
Kevin J. Aust, PLA, LEED AP Senior Manager
Community Solutions Group	
TITLE:	
	
DATE:	

Frank Bellomo, PLA
Senior Director, Vice President Community Solutions Group		
KJA:DW/		

Attachments:

Exhibit A – GAI Standard Terms and Conditions for Professional Services Exhibit B – Scope of Work Map

EXHIBIT A
GAI Standard Terms and Conditions for Professional Services

Scope of Services and Extent of Agreement - GAI shall perform the Services as described in GAI's Proposal to which these Terms and Conditions are attached for the specified Project, incorporated herein by reference.
No modification or changes to these Terms and Conditions may be made except by written instrument signed by the parties. CLIENT acknowledges that he/she/it has read these Terms and Conditions, understands them, agrees to be bound by them, and further agrees that they are the complete and exclusive statement of the AGREEMENT between the parties, superseding all proposals, oral or written understandings, or other prior agreements other than those above referred to and all other communications between the parties relating to the subject matter thereof.
Compensation – GAI hereby agrees to accept and CLIENT agrees to pay the compensation on either a time (hourly) and expense basis in accordance with GAI’s rates in effect at the time of performance, or lump sum basis as set forth in GAI’s Proposal to perform the Services.
If GAI’s services are performed on an HOURLY BASIS, GAI will be paid for all time rendered to the project, including project scoping by professional, technical, and clerical personnel in accordance with the attached Hourly Rate Schedule. Time required for personnel of GAI to travel between GAI's office and the Site (or any other destination applicable to the project) is charged in accordance with the rates shown in the attached Hourly Rate Schedule. If overtime for non- exempt personnel (as defined by statute) is required, the overtime rate charged will be 1.50 times the invoice rate shown on the attached Hourly Rate Schedule.
Invoicing/Payment
GAI will submit invoices periodically, but not more frequently than every two weeks, for Project services performed during the period or upon completion of the Project, whichever is earlier.
Invoices are due and payable in U.S. dollars within 30 days from date of invoice. All charges not paid within 30 days are subject to a service charge of 1-1/2 percent per month or a fraction thereof, plus all costs and expenses of collection, including without limitation, attorneys’ fees. In addition to the foregoing, should CLIENT fail to pay any invoice within 45 days of the invoice date, GAI may, in its sole discretion, upon 3 days written notice to CLIENT, stop work and recover from CLIENT payment for all services performed prior to the work stoppage, plus all amounts for interest, penalties and attorney’s fees that may be recoverable under applicable law, including without limitation, prompt payment and/or lien laws. GAI will resume performance once CLIENT pays all outstanding amounts due plus any advance payment(s) or other security in GAI’s sole discretion deemed necessary by GAI.
CLIENT will be invoiced for external expenses, such as travel, lodging, sub-contracted services, etc., at direct cost plus a 10% handling and administrative fee.
Payments shall include the GAI invoice number and be mailed to 385 East Waterfront Drive, Homestead, PA, 15120, to the attention of Accounts Receivable.
Changes – CLIENT and GAI may make additions to the scope of work by written Change Order. CLIENT may omit work previously ordered by written instructions to GAI. The provisions of these Terms and Conditions, with appropriate changes in GAI's Compensation and Project Schedule, shall apply to all additions and omissions.
CLIENT Responsibilities – CLIENT represents, with the intent that GAI rely thereon, that it has sufficient financial resources to pay GAI as agreed to in these Terms and Conditions and, as applicable and necessary for GAI to perform its services, CLIENT will:
Provide all criteria and full information as to its requirements for GAI’s services, including design or study objectives, constraints,

third party certification requirement(s), standards or budget limitation(s).
Assist GAI by placing at its disposal all available information pertinent to the Project and/or GAI’s services including the actual or suspected presence of hazardous waste, materials or conditions at or beneath the Project site, record (“As-Built”) drawings, surveys, previous reports, exploration logs of adjacent structures and any other data relative to the Project. Unless otherwise noted, GAI may rely upon such information.
Upon identification by GAI and approval by CLIENT of the necessity and scope of information required, furnish GAI with data, reports, surveys, and other materials and information required for this Project, all of which GAI may rely upon in performing its services, except those included in GAI’s scope of services.
Guarantee access to the property and make all provisions for GAI to enter upon public and private lands and clear all exploration location(s) for buried utilities/piping/structures as required for GAI to perform its services under these Terms and Conditions.
Examine all studies, reports, sketches, opinions of the construction costs, specifications, drawings, proposals and other documents presented by GAI to CLIENT and promptly render in writing the decisions pertaining thereto within a period mutually agreed upon.
Designate in writing a person to act as CLIENT’S representative with respect to the services to be rendered under these Terms and Conditions. Such person shall have complete authority to transmit instructions, receive information, interpret and define CLIENT’s policies and decisions with respect to materials, equipment, elements and systems pertinent to GAI’s services.
Give prompt written notice to GAI whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of GAI’S services, or any defect in the Project or work of Contractor(s).
Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project.
Furnish such legal and insurance counseling services as CLIENT may require for the Project.
Schedule/Delays – GAI shall commence performance upon receipt of the CLIENT’s written authorization to proceed and shall perform its professional services in accordance with the schedule set forth in its Proposal, provided however, the performance of these Terms and Conditions, except for the CLIENT’s payment of money for services already rendered, shall be excused in the event performance of these Terms and Conditions is prevented or delays are occasioned by factors beyond GAI’s control, or by factors which could not reasonably have been foreseen at the time this Exhibit A was prepared and executed. The delayed party’s performance shall be extended by the period of delay plus a reasonable period to restart operations.
Document Ownership, and Reuse
All reports, drawings, specifications, manuals, learning and audio/visual materials, boring logs, field data, laboratory test data, calculations, estimates, and other documents (collectively “Work Product”) prepared by GAI are instruments of service shall remain the property of GAI. Unless otherwise notified by CLIENT, GAI will retain all pertinent records relating to the Services performed for a period of two (2) years following submission of the report , design documents or other project deliverables, during which period the records will be made available at GAI’s office to the CLIENT at reasonable times.

Any reuse of the Work Product described above without written verification or adaptation by GAI, as appropriate, for the specific purpose intended, will be at CLIENT’s sole risk and without liability or legal exposure to GAI. CLIENT shall indemnify and hold harmless GAI from all claims, damages, losses and expenses including attorneys’ fees arising out of or resulting there from. Any future verification or adaptation of such Work Product will entitle GAI to further compensation at rates to be agreed upon by CLIENT and GAI.
Unless specified otherwise in GAI's Proposal, GAI will dispose of all materials and samples obtained in the investigation portion of the project 90 days after completion of the report. Further storage or transfer of samples will be made at CLIENT's expense.
CLIENT recognizes that site conditions where samples and data are gathered do vary with time and that particularly subsurface conditions may differ from those encountered at the time and location where explorations or investigations are made and, therefore, the data, interpretations, and recommendations of GAI are based solely on the information available at the time of the investigation. GAI shall not be responsible for the interpretation by others of the information it develops.
Standard of Performance – GAI will perform its Services with that level of care and skill ordinarily exercised by other professionals practicing in the same discipline(s), under similar circumstances and at the time and place where the Services are performed, and makes no warranty, express or implied, including the implied by law warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Insurance
GAI shall procure and maintain such insurance as is required by law as of the date first written above and during the performance of the Agreement, and subject to the terms and conditions of the policies, keep in force the following insurance:
Worker's Compensation Insurance with other State’s endorsement, including Employer's Liability Insurance for its employees in the amount of $500,000; Comprehensive General Liability Insurance, including Protective and Completed Operations, covering bodily injuries with limits of $1,000,000 per occurrence, and property damage with limits of $1,000,000 per occurrence; Comprehensive Automobile Liability Insurance, including operation of owned, non-owned and hired automobiles, with combined single limits for bodily injury and property damage of $1,000,000 per occurrence; Excess Umbrella Liability Insurance with limits of $1,000,000 in the aggregate.
If CLIENT requires additional types or amounts of insurance coverage, GAI, if specifically directed by CLIENT, will purchase additional insurance (if procurable) at CLIENT's expense; but GAI shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts and coverage of GAI's insurance specified above.
CLIENT will require that any Contractor(s) performing work in connection with GAI’s Services will name GAI as an additional insured on their insurance policies. In addition, in any hold- harmless agreements between CLIENT or Owner and any contractor who may perform work in connection with any professional services rendered by GAI, CLIENT will require such contractor(s) to defend and indemnify GAI against third party suits.
It is agreed that GAI shall have no responsibility: 1) To supervise, manage, direct, or control CLIENT or its Contractors’, subcontractors’ or their employees; 2) For any of CLIENT’s or its contractors, subcontractors or agents or any of their employees’ safety practices, policies, or compliance with applicable Federal, State and/or local safety and health laws, rules or regulations; 3) For the adequacy of their means,

methods, techniques, sequencing or procedures of performing their services or work; or 4) For defects in their work.
Indemnity – Subject to the Limitation(s) of Liability provision(s) below in Articles 11 and 12, GAI agrees to indemnify and hold harmless CLIENT, and its officers, directors, and employees from and against any and all claims, suits, liability, damages, injunctive or equitable relief, expenses including reasonable attorneys’ fees, or other loss (collectively "Losses") to the extent caused by GAI’s negligent performance of Services under these Terms and Conditions.
Limitation of Liability – In the event of any loss, damage, claim or expense to CLIENT resulting from GAI's performance or non- performance of the professional services authorized under these Terms and Conditions, GAI's liability whether based on any legal theory of contract, tort including negligence, strict liability or otherwise under these Terms and Conditions for professional acts, errors, or omissions shall be limited to the extent any such claims, damages, losses or expenses result from the negligent act, errors or omissions of GAI or its employees occurring during performance under these Terms and Conditions. The total cumulative liability of GAI arising out of professional acts, errors, or omissions shall not exceed the greater of $50,000 or two times the total compensation GAI receives from CLIENT under these Terms and Conditions. GAI's aggregate liability for all other acts, errors, or omissions shall be limited to the coverage and amounts of insurance specified in Article 9, above. The limitations stated above shall not apply to the extent any damages are proximately caused by the willful misconduct of GAI and its employees.
Disclaimer of Consequential Damages – Notwithstanding anything to the contrary in these Terms and Conditions, neither party shall have any liability to the other party for indirect, consequential or special damages including, but not limited to, liability or damages for delays of any nature, loss of anticipated revenues or profits, increased cost of operations or costs of shutdown or startup whether such damages are based on contract, tort including negligence, strict liability or otherwise.
Probable Construction Cost Estimates – Where applicable, statements concerning probable construction cost and detailed cost estimates prepared by GAI represent its judgment as a professional familiar with the construction industry. It is recognized, however, that neither GAI nor CLIENT has any control over the cost of labor, materials or equipment, over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, GAI cannot and does not guarantee that bids, proposals, or actual costs will not vary from any statement of probable construction cost or other cost estimate prepared by it.
Confidentiality/Non-Disclosure – GAI shall not disclose, or permit disclosure of any information developed in connection with its performance under these Terms and Conditions or received from CLIENT or the PROJECT OWNER, or their affiliates, subcontractors, or agents designated by CLIENT as confidential, except to GAI's employees and subcontractors who need such information in order to properly execute the services of these Terms and Conditions, and shall require any such of its employees and subcontractors and their employees not to disclose or permit disclosure of any of such information, without the prior written consent of CLIENT. The foregoing shall not prohibit GAI from disclosing information in response to any Federal, State or local government directive or judicial order, but in the event GAI receives or is threatened with such an order or has actual knowledge that such an order may be sought or be forthcoming, GAI shall immediately notify CLIENT and assist CLIENT in CLIENT's undertaking such lawful measures as it may desire to resist the issuance, enforcement and effect of such an order. GAI's obligation to resist such an order and assist CLIENT and the PROJECT OWNER is contingent upon GAI receiving further compensation for such assistance plus all costs and expenses, including without limitation reasonable attorney's fees, incurred by GAI.

Certifications – GAI shall not be required to execute any certification with regard to work performed, tested, and/or observed under these Terms and Conditions unless:
GAI concludes that it has performed, tested and/or observed sufficient work to provide a sufficient basis for it to issue the certification; and
GAI believes that the work performed, tested or observed meets the certification criteria; and
GAI gave its written approval of the certification’s exact form before executing these Terms and Conditions.
Any certification by GAI shall be interpreted and construed as an expression of professional opinion based upon the Services performed by GAI, and does not constitute a warranty or guaranty, either expressed or implied.
Miscellaneous Terms of Agreement
These Terms and Conditions shall be subject to, interpreted, and enforced according to the laws of the Commonwealth of Pennsylvania without giving effect to its conflict of law principles. If any part of these Terms and Conditions shall be held illegal, unenforceable, void, or voidable by any court of competent jurisdiction, each of the remainder of the provisions shall nevertheless remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Neither the CLIENT nor GAI may delegate, assign, sublet, or transfer their duties or interest as described in these Terms and Conditions and GAI's Proposal without the written consent of the other party. Both parties relinquish the power to assign and any attempted assignment by either party or by operation of law shall be null and void.
These Terms and Conditions shall be binding upon the parties hereto, their heirs, executors, administrators, successors, and assignees. In the event that a dispute should arise relating to the performance of the Services to be provided under these Terms and Conditions and GAI's Proposal, and should that dispute result in litigation, it is agreed that each party shall bear its own litigation expenses, including staff time, court costs, attorneys' fees, and other claim-related expenses.
CLIENT shall not assert any claim or suit against GAI after expiration of a Limitation Period, defined as the shorter of (a) three (3) years from substantial completion of the particular GAI service(s) out of which the claim, damage or suit arose, or
(b) the time period of any statute of limitation or repose provided by law.
In the event of any claim, suit or dispute between CLIENT and GAI, CLIENT agrees to only pursue recovery from GAI and will not to seek recovery from, pursue or file any claim or suit, whether based on contract, tort including negligence, strict liability or otherwise against any director, officer, or employee of GAI.
No modification or changes in the terms of this Agreement may be made except by written instrument signed by the parties. CLIENT acknowledges that they have read this AGREEMENT, understands it, agrees to be bound by its terms, and further agrees that it is the complete and exclusive statement of the AGREEMENT between the parties superseding all work orders, oral or written understandings, or other prior agreements other than those above referred to and all other communications between the parties relating to the subject matter thereof.
Either the CLIENT or GAI may terminate or suspend performance of these Terms and Conditions without cause upon thirty (30) days written notice delivered or mailed to the other party.
In the event of material breach of these Terms and Conditions, the party not breaching the AGREEMENT may terminate it upon ten (10) days written notice delivered or

mailed to the other party, which termination notice shall state the basis for the termination. The AGREEMENT shall not be terminated for cause if the breaching party cures or commences to cure the breach within the ten day period.
In the event of the termination, other than caused by a material breach of these Terms and Conditions by GAI, CLIENT shall pay GAI for the Services performed prior to the termination notice date, and for any necessary services and expenses incurred in connection with termination of the project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination or subcontractor and/or subconsultant contracts. Such compensation shall be based upon the schedule of fees used by GAI.
In the event CLIENT delays providing written authorization to proceed within 45 days of the date of GAI’s Proposal or suspends GAI’s performance for 45 days or more after authorization has been given, GAI reserves the right, in its sole discretion, to revise its cost, compensation and/or hourly rates to its then current rates prior to resuming performance under these Terms and Conditions.
All notices required to be sent hereunder shall be either hand delivered, with signed receipt of such hand delivery, or sent by certified mail, return receipt requested.
The paragraph headings in these Terms and Conditions are for convenience of reference only and shall not be deemed to alter or affect the provisions hereof.
Unless expressly stated to the contrary, the professional services to be provided by GAI do not include meetings and consultations in anticipation of litigation or arbitration or attendance as an expert witness in any deposition, hearing, or arbitration. If requested, these services will be provided by an amendment to these Terms and Conditions, setting forth the terms and rates of compensation to be received by GAI.
Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CLIENT, the PROJECT OWNER if different than CLIENT and GAI.
GAI is an Equal Opportunity Employer. GAI complies with the Office of Federal Contract Compliance Programs Affirmative Action Programs as outlined in 41 CFR 60-1.4(a)(b), 41 CFR 60- 250.5(a)(b), and 41 CFR 60-741.5(a)(b).

END OF TERMS AND CONDITIONS

EXHIBIT B
Scope of Work Map

SCHOOL SITE

SCHOOL SITE

N3

N3

SCOPE OF
WORK AREA

BOGGY CREEK ROAD

BOGGY CREEK ROAD

View of Scope Area from Poitras Master Plan	View of Scope Area from preliminary engineering/aerial overlay

EXHIBIT B - Scope of Work Map

Pearson Avenue Phase 2

 	

          	

PO Box 1468
Bushnell, FL 33513
833-229-2227
cfl-inc.com
Central Florida Locating, Inc.
DBA CFL Geological Solutions
Date:	10-29-20
Client:	Poitras East Community Development District, 12051 Corporate Boulevard, Orlando, FL 32817 Attn:	Dr. Richard Levey, Chairman Board of Supervisors
E-Mail:	Tyler Sears, PSM, <tsears@dwma.com> ; Scott Grossman, Executive Vice President, <sgrossman@dwma.com> Project:    Boggy Creek Road, Orlando	Project # Unknown	CFL 20213

CFL is pleased to provide a proposal to Poitras East Community Development District based upon scope of services requested by Tyler Sears of D.W. McIntosh Associates (DWMA), may be subject to change should the requirements change, is valid for thirty
days from date of proposal, and is Non-Transferrable.

SCOPE OF SERVICES - See Page 2 for Information/Limitations
Geophysical Horizontal Utility Locating: 2D Ground Penetrating Radar (GPR) and Electromagnetic (EM)
CFL will utilize 2D GPR and EM technologies to horizontally locate detectable underground utilities within the red outlined area as shown on the attached image. The locate area will need to be designated at time of work by DWMA.
CFL will use paint and flags to mark located utilities. CFL will provide a technician’s field drawing of located utilities.
CFL’s scope of services does not include the locating of abandoned utilities that are no longer locatable; vacant conduits; gravity sewer; storm lines; small irrigation lines; low voltage lines; non-energized electric lines; untoneable fiber; and unshielded fiber.
Client is responsible for ensuring that all electrical and lighting systems are energized and that all lights with outdoor light sensor systems are in use at time of locate work.
If available, CFL requests that client provide as-builts, engineering prints, etc. of existing utilities. Notes:
GPR Scans & EM Locating can only be performed in accessible areas that are clear of obstacles such as construction materials, pipes, vehicles, machinery, dirt/materials mounds, landscaping, trees, undergrowth, uneven terrain, water, fencing, etc.
If needed, CFL can provide a quote for additional detection technologies such as 3D GPR, 3D GPR Array, and Magnetometer that typically provide additional/more comprehensive data.

WEEKDAY DAYTIME COSTS
Geophysical Horizontal Locating: 	$ 6,825.00

PAYMENT
A Lump Sum invoice will be submitted to client upon completion of locate work and is due in full with no retainage.
Payments not received within 30 days of date of invoice may result in legal actions.

SCHEDULE
Work start date will be provided upon receipt of ATP that is signed & dated with name of agent printed clearly.

Regards,
Sandra Rickerson
Sandra Rickerson, President Central Florida Locating, Inc.

AUTHORIZATION TO PROCEED (ATP) - Executed CFL Proposal
ATP - Client legally authorizes CFL to proceed and acknowledges that scope of services, compensation, payment terms, and terms and conditions in this proposal are accepted.

Client: Poitras East Community Development District	Date:    	

By: 		Printed Name:  	
Authorized Agent’s Signature	Printed Name of Authorized Agent
Job Number/Name (If Applicable): 	 E-MAIL Address for Client Invoice:  		 PLEASE E-MAIL EXECUTED DOCUMENT TO: Contracts@cfl-inc.com

Innovative and Reliable Solutions

Terms and Conditions

Central Florida Locating, Inc.
DBA CFL Geological Solutions
LIMITS OF GPR AND ELECTROMAGNETIC SERVICES: If Services are Provided

Page 2

CFL will make every effort to horizontally detect the underground utilities, objects or voids described in the Scope of Work or as requested at the time of work within the designated work area(s). However, CFL cannot mark utilities/objects/voids that are undetectable. Therefore, CFL cannot guarantee that all subsurface utilities/objects/voids will be accounted for. Locate limitations that CFL will not be held liable for include but are not limited to:
GROUND PENETRATING RADAR (GPR):
GPR investigations are highly site specific and can be limited by attenuation of GPR signals by subsurface materials.
GPR investigations are limited by uneven terrain conditions, bushes, trees, debris, etc.
All vertically stacked utilities/objects may not be detected since GPR signals are reflected by the top most utility/object.
Some utilities/objects may not return a reflected signal to the GPR receiver.
GPR scans cannot be made immediately next to buildings/objects due to equipment restrictions.
Pipes with little or no liquid content at time of locate work may not be detected with GPR.
ELECTROMAGNETIC LOCATING :
The number of access points within designated locate area(s) may be limited or non-existent.
Utility or property owner may restrict or deny the use of utility access points.
Utility may not adequately carry the imposed current from the electromagnetic locate equipment.
Fiber & other non-metallic lines with no or non-working tracer wire are untoneable with electromagnetic locate equipment.
DESIGN ENGINEER and CONTRACTORS
Due to locate limitations, the client’s/owner’s Design Engineer is expected to gather and identify existing facility information from various prints and underground facility owners/operators to confirm that no other subsurface utilities/objects are present in the project area, and Contractors are responsible to abide by Florida Statutes 556.106 - Sunshine 811.
FIELD DRAWINGS/PRINTS/REPORTS
CFL is not liable for any print, survey, field drawing or report that identifies or fails to identify CFL detected utilities or objects. CFL field drawings represent the requested scope of services within designated area(s) as of date of work; may not reflect a comprehensive utility survey of all subsurface utilities/objects; are not technical drawings created by a professional such as surveyor, engineer, or draftsman; are not drawn to scale and only depict an approximate location of referenced utilities/objects; are not created based on any type of drawing standards; and are for informational purposes only.
MACHINE DEPTHS: If Service is Provided
Machine depths are approximate readings, are not guaranteed depths, are provided for informational purposes only, and should not be relied upon for any type of subsurface work. CFL will not accept any responsibility for actions taken based on provided machine depths.
VERTICAL EXCAVATION (DIRT SOFT DIG): Information/Limitations: If Service is Provided
Soft Digs are made within grassed or otherwise unpaved surface conditions to a maximum depth of approximately 8 feet to determine the depth of the utility/object. If requested, CFL also will provide the size and material type.
Soft Dig vertical depth measurements are made from the top of each exposed utility/object to the ground surface.
The vertical depth range and visual inspection ability is dependent on events such as ground water level.
Client must obtain/provide CFL with any required soft dig permits before soft dig work is performed. Client will be responsible for any permitting soft dig fines assessed by governing agency.
CORE BORE WITH VERTICAL EXCAVATION (DIRT SOFT DIG): Information/Limitations: If Service is Provided
A Core Bore is made in asphalt or concrete to vertically expose a utility/object to determine the depth of the utility/object from the top of the utility/object to the pavement surface.
Vertical Excavation limits apply (See Item E).
Test hole will be backfilled with like materials compacted in 6” lifts or with a flowable fill mixture.
The current asphalt thickness will be replaced with double asphalt thickness.
Asphalt/Concrete Core Bore Permits are to be furnished to CFL by the client prior to work being scheduled. Client is responsible for cost of all permits, MOT, Traffic Control, and any permitting fines assessed by governing agency.
DIRECT PUSH SOIL SAMPLING: Information/Limitations: If Service is Provided
Direct Push Soil Sampling limitations that CFL will not be held liable for include but are not limited to:
Direct push rods may not penetrate to desired depth due to subsurface sediment and/or material hardness.
Direct push rods may not penetrate through consolidated sediment, rock and/or debris.
CERTIFICATE OF INS (COI): New/Revised COI Requests
Client COI requirements must be provided to CFL prior to the Authorization to Proceed being issued.
CFL will invoice client for all costs associated with client COI requirements that incur billable charges to CFL.

Innovative and Reliable Solutions

CFL Locate Area: Boggy Creek Road Orlando, FL

Boggy Creek Rd 

CFL will locate the detectable underground utilities within the red outlined area.

N	

Poitras East Community Development District	

10/29/20	

	

Boggy Creek Road Project	Proposal		

2D Ground Penetrating Radar (2D GPR) and Electromagnetic (EM)	

1 of 1	

Osprey Ln

Pearson Avenue Phase 2

 	

          	

November 2, 2020		Project #: 25865	
Jeffrey J. Newton, PE	
Poitras East Community Development District	
12051 Corporate Boulevard	
Orlando, Florida 32817	
RE:	Poitras: Centerline & Boggy Creek and Street A & Boggy Creek - Turn Lane Recommendations	

Dear Jeff:

225 East Robinson Street, Suite 355
Orlando, FL 32801
P 407.540.0555  F 407.540.0550

Attached is a proposal for traffic engineering and planning services associated with proposed Centerline Drive and Poitras Street A. Part “A” identifies our proposed services for the project in accordance with the terms and conditions outlined in Part “B”. This scope was developed based on our discussions with district representatives, our review of the proposed development plan, and our familiarity with the Poitras/Lake Nona region.

We propose to conduct the services (detailed in Part “A” herein) on a lump sum basis for $10,500 (detailed in Table 1 of the attached Part “B”). This proposal (scope of work, budget, and timeline) is effective for sixty days.

Daniel Torre, EI will serve as the Project Manager and Adam Burghdoff, PE will serve as the Project Principal providing senior review and quality assurance. Any questions of a technical or contractual nature can be directed to either of us.

Please review this proposal at your earliest convenience. If the attached Professional Services Agreement is satisfactory, please return a signed copy electronically. A fully executed copy will be returned for your records. Thank you for the opportunity to propose on this project. If you have any questions, please call us at 407.373.1116.

Sincerely,
KITTELSON & ASSOCIATES, INC.

Adam Burghdoff Associate Engineer

PROFESSIONAL SERVICES AGREEMENT

November 2, 2020

Kittelson & Associates, Inc.
225 East Robinson Street, Suite 355
Orlando, FL 32801
407.540.0555 (P)
407.540.0550 (F)

Poitras East Community Development District with an office at 12051 Corporate Boulevard, Orlando Florida 32817 (the “CLIENT”) hereby enters into this Professional Services Agreement (this “Agreement”) with KITTELSON & ASSOCIATES, INC. to perform the services as described in this Agreement’s Part “A” - Scope of Work (the “Services”) for the Poitras/Lake Nona - Turn Lane Recommendations (the “Project”), subject to all of the provisions described in Part “B” Terms and Conditions.

PART A - SCOPE OF WORK

TASK 1 – FUTURE VOLUME DEVELOPMENT
Kittelson will utilize the network analysis completed as part of the Poitras West and Lake Nona Network Analysis effort and the existing traffic counts to prepare interim year (2030) and future year (2040) background volumes for the analyzed intersections. The project trip assignment determined in the Poitras West and Lake Nona Network Analysis will be utilized at the study intersections.

TASK 2 – INTERSECTION ANALYSIS
Kittelson will develop volume forecasts and future-year analyses of the following study intersections:

Boggy Creek Road & Centerline Drive
Boggy Creek Road & Poitras Street A

Kittelson will assign estimated future traffic volume projections to the study intersections using the trip assignment established in Task 1. Recommended roadway and intersection geometrics will be determined based upon analysis software implementing the Highway Capacity Manual methodologies, FDOT Quality/Level of Service standards, and engineering judgment. AM and PM peak hour traffic forecasts will be completed as part of this task. It is anticipated that four scenarios will be presented as part of this task potentially including the following:

Boggy Creek Road as a two-lane facility with the Osceola Parkway Extension
Boggy Creek Road as a four-lane facility with the Osceola Parkway Extension
Boggy Creek Road as a two-lane facility without the Osceola Parkway Extension
Boggy Creek Road as a four-lane facility without the Osceola Parkway Extension

Based upon the results of the review, Kittelson will provide bubble diagrams indicating recommendations for each intersections approach geometry including the number of lanes and turn lanes, required queue storage (based upon 95th percentile queues), intersection control (i.e., signalized, stop-control), and roadway cross sections for street segments between intersections. For the purposes of this task, proposed geometrics will be developed for the to two intersections in each scenario.

TASK 3 – EQUIVALENT SINGLE AXLE LOADING ACCUMULATIONS
Kittelson will evaluate 18-kip (18,000 pound) Equivalent Single Axle Loading (ESAL) accumulations over the design life of Centerline Drive and Poitras Street A from Boggy Creek Road to Luminary Boulevard using the traffic volumes established in Task 2. The design life will be evaluated as from the Opening Year (2022) to the interim year (2030) and design year (2040). The 18-kip ESAL accumulations will be evaluated based upon methodologies detailed in the FDOT’s Project Traffic Forecasting Handbook.

TASK 4 – SUMMARY MEMORANDA AND MEETINGS
The results of the analyses in Tasks 1-3 will be summarized in a DRAFT summary memorandum and submitted to the Client for review. Subsequent to Client review, Kittelson will address any Client comments in a revised, FINAL report for Client use. In the event that the Client’s comments result in additional analyses above and beyond those noted in Tasks 1 through 4, then those out of scope analyses will be conducted as additional services. Kittelson will prepare for up and attend up to three
in-person project related meeting to discuss the study results and conclusions.

This scope does not include preparatory time (graphics and handouts) or attendance time for any public hearings or meetings. All client requests for presentations and meetings of this nature will be accommodated on a time-and-materials basis and will be considered additional services.

PART B – TERMS AND CONDITIONS

GENERAL: The terms and conditions set forth herein shall govern all services subsequently performed on behalf of CLIENT unless changed by a written agreement signed by KITTELSON & ASSOCIATES, INC. In case any one or more of the provisions contained in this Agreement shall be held unenforceable, the enforceability of the remaining provisions contained herein shall not be impaired thereby.

LIMITATION OF LIABILITY: CLIENT AGREES THAT IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT, KITTELSON & ASSOCIATES, INC.'S AGGREGATE JOINT, SEVERAL AND INDIVIDUAL LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PROFESSIONAL MALPRACTICE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY SHALL BE LIMITED TO AN AMOUNT NO GREATER THAN THREE TIMES THE TOTAL COMPENSATION RECEIVED BY KITTELSON & ASSOCIATES, INC. UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

LIMITATION OF REMEDY: CLIENT COVENANTS THAT IT WILL NOT, UNDER ANY CIRCUMSTANCES, BRING A LAWSUIT OR CLAIM AGAINST KITTELSON & ASSOCIATES, INC.’S INDIVIDUAL EMPLOYEES, OFFICERS, DIRECTORS OR SHAREHOLDERS AND THAT CLIENT’S SOLE REMEDY SHALL BE AGAINST KITTELSON & ASSOCIATES, INC.

WAIVER OF CONSEQUENTIAL DAMAGES: NEITHER KITTELSON & ASSOCIATES, INC. NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO FINES, PENALTIES AND LOST PROFITS, WHETHER SAID CLAIM IS BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY.

INDEMNITY: To the maximum extent allowed by law, CLIENT and KITTELSON & ASSOCIATES, INC. shall indemnify, reimburse, and hold harmless each other and the indemnified party’s employees, officers, directors and agents from, for and against all claims, losses, legal costs and expenses resulting from any bodily injury or property damage, but only to the extent caused by the indemnifying party’s negligence.

OWNERSHIP OF DOCUMENTS: KITTELSON & ASSOCIATES, INC is deemed the author and owner of its documents and other instruments of service, and will retain all common law, statutory, and other reserved rights, including copyrights. So long as CLIENT complies with all terms of this Agreement, including but not limited to terms of payment, KITTELSON & ASSOCIATES, INC. grants CLIENT a nonexclusive license to use instruments of professional service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by CLIENT, without KITTELSON & ASSOCIATES, INC.‘s written permission, shall be at CLIENT’s own sole risk and CLIENT agrees to defend, indemnify, reimburse and hold harmless KITTELSON &

ASSOCIATES, INC. from all claims, liabilities, losses, costs, damages and expenses, including
attorney’s fees and expert’s fees, related to the reuse by CLIENT or others acting through CLIENT.

ELECTRONIC DOCUMENTS: If KITTELSON & ASSOCIATES, INC. provides CLIENT any documents or other instruments of service in electronic form (“Electronic Documents”), acceptance and use of the electronic documents by CLIENT shall be at CLIENT’s sole risk and CLIENT shall:

Waive and covenant not to sue KITTELSON & ASSOCIATES, INC. or its employees alleging any inaccuracy or defect of the Electronic Documents.

Agree that KITTELSON & ASSOCIATES, INC. makes no representation with regard to the compatibility of the Electronic Documents with any software or hardware or that the data is fit for any specific use.

Indemnify, hold harmless, reimburse and defend KITTELSON & ASSOCIATES, INC. from, for and against any claim, damage, liability, loss, expense or cost, including attorneys’ fees and expert’s fees, that may arise from CLIENT’S use of the Electronic Documents or any subsequent modification of the Electronic Documents by any person or entity.

CLIENT agrees that prior to use of the Electronic Documents on any project other than the Project, CLIENT shall retain the services of a licensed professional as necessary to review and revise the Electronic Documents for compliance with the local laws, practices and standards of the place where the Project will be located.

DISPUTE RESOLUTION: In any dispute arising out of this Agreement or the Services, with the exception of disputes relating to CLIENT's non-payment, partial payment or late payment of any amount due under an invoice issued by KITTELSON & ASSOCIATES, INC. ("Payment Disputes"), for which the remedy will be in accordance with Article XVI of this Agreement, the Parties shall first attempt to resolve the dispute through good-faith negotiation. In the event that the Parties are unable to resolve the dispute through negotiation, CLIENT agrees that any claim or dispute arising out of this Agreement or the Services, with the exception of Payment Disputes, shall be submitted to non-binding mediation. If the dispute cannot be resolved by mediation, the parties agree to submit their dispute to binding arbitration before a single arbitrator. The arbitration shall be held in Multnomah County, Oregon and shall be conducted by and pursuant to the rules of Arbitration Service of Portland, Inc. (ASP), and the arbitrator shall be chosen in accordance with ASP rules. Except in the case of Payment Disputes, the parties agree that so long as they are making good- faith efforts to resolve the dispute pursuant to the terms of this Article, they shall continue to perform under this Agreement.

GOVERNING LAW: Without regard to conflict of laws, the rights and liabilities of the parties under this Agreement shall be governed by the laws of the State of Oregon.

TIME BAR TO LEGAL ACTION: All legal actions by either party against the other arising out of or in any way connected with this Agreement or the services to be performed hereunder shall be barred

and under no circumstances shall any such legal action be initiated by either party after the earlier of three (3) years or the State’s applicable statute of limitations, both of which shall commence to run on the last day Services are performed under this Agreement.

DIRECT EXPENSES: KITTELSON & ASSOCIATES, INC.'s Direct Expenses shall be those costs incurred on or directly for the Project, including but not limited to necessary transportation costs including mileage at the current IRS-allowed rates, meals and lodging. Reimbursement for automobiles, meals and lodging, and any other expenses furnished by commercial sources shall be on the basis of actual charges plus a 10% markup.

All communication fees including, but not limited to computer services, telephone, faxes, postage, overnight deliveries, and in-house copies, printing, and binding charges shall be billed on the basis of a per direct labor hour fee when furnished by KITTELSON & ASSOCIATES, INC.

PROFESSIONAL SERVICES: KITTELSON & ASSOCIATES, INC. staff is defined as all permanent and temporary employees, as well as any and all contract labor of KITTELSON & ASSOCIATES, INC. All KITTELSON & ASSOCIATES, INC., staff time spent working on the Project will be billed as applicable per Table 1.

COST ESTIMATE: Any cost estimates provided by KITTELSON & ASSOCIATES, INC. as part of the Services will be on a basis of experience and judgment, but because it has no control over market conditions or bidding procedures KITTELSON & ASSOCIATES, INC. cannot warrant that bids, construction or other Project costs will not vary from these cost estimates.

PEER REVIEW: Any peer review report prepared by KITTELSON & ASSOCIATES INC. as part of the Services herein merely represents its professional, unbiased opinion regarding the deliverable. This opinion is based solely on KITTELSON & ASSOCIATES, INC.’S evaluation of the information provided by CLIENT and should not be considered an exhaustive review, insurance against errors or omissions in the deliverable, or advocacy of the intended project. CLIENT agrees that the purpose and intent of KITTELSON & ASSOCIATES, INC.’S evaluation of the deliverable is to reduce the risk of errors or omissions only and not to eliminate such risk. KITTELSON & ASSOCIATES, INC. offers no warranty or guarantee with regard to any requested peer review performed under this AGREEMENT.

TERMINATION FOR CONVENIENCE: In addition to other rights of termination, either CLIENT or KITTELSON & ASSOCIATES, INC. may terminate this Agreement for its convenience by giving 30 days’ written notice to the other party. In such event, CLIENT shall forthwith pay KITTELSON & ASSOCIATES, INC. in full for all work previously authorized and performed prior to effective date of termination as well as all unavoidable expenses incurred prior to termination.

PAYMENT TO KITTELSON & ASSOCIATES, INC./REMEDIES FOR PAYMENT DISPUTES:   Monthly
invoices will be issued by KITTELSON & ASSOCIATES, INC. for all services performed under the terms of this Agreement, and reimbursement of direct expenses. A retainer, if applicable, will be required in advance of start of services and will be credited to the final invoice(s) of Project. Invoices are due

and payable within 30 days of receipt. The CLIENT must notify the KITTELSON & ASSOCIATES, INC.’s Project Manager or Project Accountant, in writing, within 30 days of receipt, of any disputed charges in an invoice (the “Disputed Charges “). In the event CLIENT gives notice of any Disputed Charges in an invoice, the undisputed invoiced amounts are still due and owing under the terms of this Article. Interest at the rate of 1.5 percent per month, or alternatively at the highest monthly rate allowable in the jurisdiction where the Services are being provided, whichever is higher, will be charged on all past due amounts. Interest charges on past due amounts are in addition to the fixed ceiling for the contract and are not counted in determining whether the fixed ceiling has been reached. CLIENT’S failure to make payments to KITTELSON & ASSOCIATES, INC. within 90 days of the issuance of an invoice shall constitute a material breach of this Agreement and KITTELSON & ASSOCIATES, INC. shall have the option to withhold services until paid or terminate this Agreement. Payment Disputes, including but not limited to disputes over (a) CLIENT's non-payment or late payment of any charge on an invoice; and (b) any charge on an invoice identified by CLIENT as a Disputed Charge, are not subject to the Dispute Resolution and Arbitration provisions of Article VIII of this Agreement, and KITTELSON & ASSOCIATES, INC. may avail itself of any and all available legal and equitable remedies to address such Payment Disputes. In the event KITTELSON & ASSOCIATES, INC. is required to undertake collection actions, or otherwise incur any costs in connection with the collection of amounts owing under a past-due invoice, all such costs shall be the responsibility of CLIENT. KITTELSON & ASSOCIATES, INC. prefers that all payments be made through the Automated Clearing House Network (“ACH”). The following bank account information is provided below for this purpose:

Account Name: Kittelson & Associates, Inc. Bank Name: Chase Bank
Account Number: 179118350
ABA Number: 325070760
Remittance Advice: apinvoice@kittelson.com

PREVAILING PARTY ATTORNEY FEES: In the event of any litigation between the parties arising out of this Agreement, including mandatory arbitration under Article VIII of this Agreement, the prevailing party shall be entitled to recovery of its reasonable attorney’s fees incurred in the litigation.

ADDITIONAL INSURED: KITTELSON & ASSOCIATES, INC. shall cause its general liability insurers to name CLIENT as an additional insured.

PROFESSIONAL STANDARDS: KITTELSON & ASSOCIATES, INC. shall be responsible for performing the Services to the level of competency currently maintained by other practicing professional engineers performing the same type of services in CLIENT'S community. KITTELSON & ASSOCIATES, INC. makes no warranty, guarantee or assurance, express or implied, that the Services will yield or accomplish a perfect or particular outcome for the Project.

ENTIRE AGREEMENT: This Agreement constitutes the entire, legally-binding contract between the parties regarding its subject matter and supersede any and all prior or contemporaneous

understandings, agreements, or representations, whether oral or written. Amendments to this Agreement will be governed by this Agreement and must be in writing and signed by both the CLIENT and KITTELSON & ASSOCIATES, INC.

NO THIRD PARTY RIGHTS: To the fullest extent permitted by law, no party has any third party beneficiary or other rights arising from or related to the Services.

AUTHORIZATION TO PROCEED: Signing this form shall constitute agreement with all terms and conditions of this AGREEMENT and authorization by CLIENT for KITTELSON & ASSOCIATES, INC. to proceed with performance of the Services as of the date first written above (the “EFFECTIVE DATE”).

Table 1:

Project Phase Description	Billing Method	Authorized Amount	
Tasks 1-4	Lump Sum	$10,500	

Accepted for:		Approved for:	
Poitras	East	Community	Development District		KITTELSON & ASSOCIATES, INC.	
Signature		Signature	
Print Name		Print Name	
Title		Title	
Date		Date	

Poitras East Community Development District

District’s Financial Position and Budget to Actual YTD

Statement of Financial Position As of 10/31/2020

General Fund	Debt Service Fund

Capital Projects Fund

Long-Term Debt Fund

Total

Current Assets		Assets		
General Checking Account	$389.57								$389.57	
Accounts Receivable - Due from Developer	2,643.50								2,643.50	
Series 2020 Debt Service Reserve			$33,773.46						33,773.46	
Series 2020 Interest			0.16						0.16	
Series 2020 Cost of Issuance					$0.29				0.29	
Total Current Assets	$3,033.07		$33,773.62		$0.29		$0.00		$36,806.98	

Investments										
Amount Available in Debt Service Funds							$33,773.62		$33,773.62	
Amount To Be Provided							42,966,226.38		42,966,226.38	
Total Investments	$0.00		$0.00		$0.00		$43,000,000.00		$43,000,000.00	
Total Assets	$3,033.07		$33,773.62		$0.29		$43,000,000.00		$43,036,806.98	

Liabilities and Net Assets

Current Liabilities
Accounts Payable	
$8,384.90								
$8,384.90	
Deferred Revenue	2,643.50								2,643.50	
Total Current Liabilities	$11,028.40		$0.00		$0.00		$0.00		$11,028.40	

Long Term Liabilities
Revenue Bonds Payable - Long-Term							

$43,000,000.00		

$43,000,000.00	
Total Long Term Liabilities	$0.00		$0.00		$0.00		$43,000,000.00		$43,000,000.00	
Total Liabilities	$11,028.40		$0.00		$0.00		$43,000,000.00		$43,011,028.40	

Net Assets
Net Assets, Unrestricted	

$3,192.36								

$3,192.36	
Current Year Net Assets, Unrestricted	(11,187.69)								(11,187.69)	
Net Assets, Unrestricted			$33,175.73						33,175.73	
Current Year Net Assets, Unrestricted			597.89						597.89	
Net Assets, Unrestricted					($5,934.21)				(5,934.21)	
Current Year Net Assets, Unrestricted					5,934.50				5,934.50	
Total Net Assets	($7,995.33)		$33,773.62		$0.29		$0.00		$25,778.58	
										
Total Liabilities and Net Assets	$3,033.07		$33,773.62		$0.29		$43,000,000.00		$43,036,806.98	

Debt Service	Capital Projects	Long-Term	
Fund	Fund	Debt Fund	

Statement of Activities As of 10/31/2020

Revenues

General Fund

Total

Debt Proceeds			$597.89						$597.89	
Debt Proceeds					$6,875.75				6,875.75	
Total Revenues	$0.00		$597.89		$6,875.75		$0.00		$7,473.64	

Supervisor Fees	$200.00								$200.00	
D&O Insurance	2,421.00								2,421.00	
Management	2,916.67								2,916.67	
Engineering	187.50								187.50	
Legal Advertising	1,202.52								1,202.52	
Web Site Maintenance	125.00								125.00	
Dues, Licenses, and Fees	175.00								175.00	
General Insurance	2,960.00								2,960.00	
Personnel Leasing Agreement	1,000.00								1,000.00	
Engineering					$777.50				777.50	
Legal Advertising					163.75				163.75	
Total Expenses	$11,187.69	$0.00	$941.25	$0.00		$12,128.94	
Total Other Revenues (Expenses) & Gains (Losses)	$0.00		$0.00		$0.00		$0.00		$0.00	
Change In Net Assets	($11,187.69)		$597.89		$5,934.50		$0.00		($4,655.30)	

Net Assets At Beginning Of Year	
$3,192.36		
$33,175.73		
($5,934.21)		
$0.00		
$30,433.88	

Net Assets At End Of Year	
($7,995.33)		
$33,773.62		
$0.29		
$0.00		
$25,778.58	

Expenses

Other Revenues (Expenses) & Gains (Losses)

Budget to Actual
For the Month Ending 10/31/2020

Year To Date

Actual	Budget	Variance

FY 2021
Adopted Budget

Revenues

Developer Contributions	$	-	$	30,102.08		$	(30,102.08)		$ 361,225.00	
Net Revenues	$	-	$	30,102.08		$	(30,102.08)		$ 361,225.00	

General & Administrative Expenses

Supervisor Fees	$	200.00		$	400.00		$	(200.00)		$	4,800.00	
D&O Insurance	2,421.00		250.00		2,171.00		3,000.00	
Trustee Services	-		500.00		(500.00)		6,000.00	
Management	2,916.67		2,916.67		-		35,000.00	
Engineering	187.50		1,000.00		(812.50)		12,000.00	
Dissemination Agent	-		416.67		(416.67)		5,000.00	
District Counsel	-		2,083.33		(2,083.33)		25,000.00	
Assessment Administration	-		625.00		(625.00)		7,500.00	
Reamortization Schedules	-		41.67		(41.67)		500.00	
Audit	-		500.00		(500.00)		6,000.00	
Travel and Per Diem	-		41.67		(41.67)		500.00	
Telephone	-		8.33		(8.33)		100.00	
Postage & Shipping	-		41.67		(41.67)		500.00	
Copies	-		41.67		(41.67)		500.00	
Legal Advertising	1,202.52		833.33		369.19		10,000.00	
Miscellaneous	-		749.99		(749.99)		9,000.00	
Web Site Maintenance	125.00		225.00		(100.00)		2,700.00	
Dues, Licenses, and Fees	175.00		14.58		160.42		175.00	
Total General & Administrative Expenses	$	7,227.69		$	10,689.58		$	(3,461.89)		$ 128,275.00	

Field Operations									
Electric Utility Services
Electric	
$	
-	
$	
208.33	
$	
(208.33)	
$	
2,500.00	
Water-Sewer Combination Services
Water Reclaimed		
-		
833.33		
(833.33)		
10,000.00	
Other Physical Environment									
General Insurance	2,960.00	266.67	2,693.33	3,200.00	
Property & Casualty Insurance	-	125.00	(125.00)	1,500.00	
Other Insurance	-	20.83	(20.83)	250.00	
Irrigation Repairs	-	833.33	(833.33)	10,000.00	
Landscaping Maintenance & Material	-	6,250.00	(6,250.00)	75,000.00	
Tree Trimming	-	416.67	(416.67)	5,000.00	
Flower & Plant Replacement	-	833.33	(833.33)	10,000.00	
Contingency	-	833.33	(833.33)	10,000.00	
Hurricane Cleanup	-	1,666.67	(1,666.67)	20,000.00	
Road & Street Facilities
Entry and Wall Maintenance	
-	
250.00	
(250.00)	
3,000.00	
Hardscape Maintenance	-	416.67	(416.67)	5,000.00	
Streetlights	-	2,500.00	(2,500.00)	30,000.00	
Accent Lighting	-	41.67	(41.67)	500.00	
Alleyway Maintenance	-	833.33	(833.33)	10,000.00	
Parks & Recreation
Personnel Leasing Agreement	
1,000.00	
1,000.00	
-	
12,000.00	
Reserves					
Infrastructure Capital Reserve	-		1,666.67		(1,666.67)		20,000.00	
Alleyway Reserve	-		416.67		(416.67)		5,000.00	
Total Field Operations Expenses	$	3,960.00		$	19,412.50		$	(15,452.50)		$ 232,950.00	

Total Expenses	

$	

11,187.69		

$	

30,102.08		

$	

(18,914.39)		

$	

361,225.00	
												
Net Income (Loss)	$	(11,187.69)		$	-		$	(11,187.69)		$	-